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2025 DAILYLAW 27124 (CHH)

VIVEK SHUKLA v. STATE OF CHHATTISGARH

MCRC/4683/2025 · 2025-06-19

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Judgment text

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1 2025:CGHC:26350 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4683 of 2025 Vivek Shukla S/o. Rajesh Shukla Aged About 31 Years R/o. Kargiroad, Kota, At Present R/o. Sharda Vihar Colony, Police Station - Sakri, District, Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer, Police Station - Civil Line, Bilaspur, District - Bilaspur (C.G.) .. Respondent(s) For Applicant(s) : Mr. Gaurav Singhal alongwith Mr. Goutam Khetrapal, Advocates. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 20/2025 registered at Police Station Civil Line, Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Section 303(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 03.01.2025, the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 complainant, Shesh Narayan Thakur, reported to Civil Line Police Station in Bilaspur that his Splendor motorcycle (CG 25 G 6029) was stolen from the parking lot of Gulab Singh Plaza. Based on the complainant's report, Civil Line Police Station, Bilaspur registered First Information Report (FIR) No. 20/2025 under Section 303(2) of BNS against an unknown person. During the investigation, based on informant information, the accused, Vivek Shukla, was interrogated and confessed to stealing total of eight motorcycles from different locations on various dates. Thereafter, he was arrested on 18.02.2025, and after completing the investigation, the charge sheet was submitted to the court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence only on the basis of suspicion, present applicant has implicated in offence in question. The applicant is in jail since 18.02.2025, so far as criminal antecedents of the applicant are concerned, on the basis of memorandum statement, applicant has been implicated in 7 other identical cases, which are also registered at same Police Station and are pending, further charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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. She further submits that the applicant is alleged to have stolen motorcycle of complainant, which was parked at parking lot of Gulab Singh Plaza and when he was interrogated, he 3 himself confessed stealing of eight motorcycles from different locations on various dates including the complainant’s motorcycle, further there is seizure of two motorcycle has been made from him, so far as criminal antecedents of the applicant are concerned, applicant has 7 criminal antecedents of identical nature, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing 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 the applicant himself confessed stealing of eight motorcycles from different locations on various dates including the complainant’s motorcycle, further there is seizure of two motorcycles has been made from him, so far as criminal antecedents of the applicant are concerned, applicant has 7 criminal antecedents of identical nature, as such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Vivek Shukla, involved in Crime No. 20/2025 registered at Police Station Civil Line, Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Section 303(2) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to 4 proceed and conclude the trial expeditiously. 9. 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 Kunal