1 2025:CGHC:6599 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 242 of 2025 Anoop Singh S/o Bhrigunarayan Singh Aged About 36 Years R/o L.I.G. 4/c Sector Shahpura, P.S.- Shahpura, District- Bhopal (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. P.S.- Supela Distt.- Durg (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Pranav Tiwari, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 408/2024, registered at Police Station Supela Distt.- Durg (CG) for the offence punishable under Sections 454, 380/34 of Indian Penal Code (IPC). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that on 06.04.2024, when the complainant returned home around 2:00 pm to pick up her son from college, she found that the main gate, fridge, and bedroom door were open. The iron grill door at the back was cut, and the back gate was also open. Upon entering her bedroom, she discovered that the locker in her almirah had been broken, and gold and silver jewelry, along with cash worth Rs. 40,000, totaling around Rs. 3,20,000, were stolen. Thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the applicant is not named in the FIR, therefore, the prima-facie case has not been made out against him, further applicant is 36 years old, member of very ordinary family, who is working as a tattoo artist and is not a member of the community involved in any criminal activities and the condition of applicant is not such that he can adversely influence the prosecution witnesses. He also submits that applicant has 16 criminal antecedents, out of which, in 13 cases, he has been acquitted and rest of the 3 cases are pending, so far as status of the trial is concerned, 4 witnesses have been examined and they have turned hostile. The applicant is in jail since 03.05.2024 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that applicant alongwith other co-accused persons entered into the house of complainant and committed theft of cash, gold and silver ornaments worth Rs.3,20,000/- and there is also recovery of gold and silver ornaments from the applicant, further applicant has 16 criminal antecedents, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that applicant alongwith other co-accused persons entered into the house of complainant and committed theft of cash, gold and silver ornaments worth Rs.3,20,000/-, further there is recovery of gold and silver ornaments from the applicant against which he has failed to give explanation, also considering the fact that applicant has 16 criminal antecedents and though he has been acquitted in 13 cases, but rest of the 3 cases are still pending, as such, he is a habitual offender, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant-Anoop Singh, involved in Crime No. 408/2024, registered at Police Station 4 Supela Distt.- Durg (CG) for the offence punishable under Sections 454, 380/34 of IPC, is rejected. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil