1 2025:CGHC:26351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4517 of 2025 Vivek Shukla S/o Rajesh Shukla, Aged About 31 Years, R/o Kargiroad, Kota, At Present Resident of Sharda Vihar Colony, Police Station - Sakri, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station, Civil Line, Bilaspur, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.06.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.04/2025, registered at Police Station – Civil Line, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that the complainant Khilesh PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.06.20 19:23:26 +0530 2 Kumar lodged report at concerned police station alleging therein that his motorcycle HF Deluxe bearing registration No. CG-07-BU-6253 has been stolen from Sharda Library Mangla Parking. On the basis of said report, the alleged offence was registered against unknown person and during course of investigation, the applicant and co-accused have been arrested on 18.02.2025. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the FIR was lodged against unknown person and only on the basis of suspicion, the present applicant has been arrested. He also submits that on the basis of memorandum statement, the applicant has falsely been implicated in 7 other similar criminal cases registered at same Police Station – Civil Line, Bilaspur (C.G.). He also submits that the charge-sheet has been filed in this case and the applicant is in jail since 18.02.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. She further submits that from the perusal of the case, it appears that the applicant/accused in his memorandum statement has stated that he has stolen HF Deluxe No. bearing registration No. CG 07 BU/6253 from Sharda Library Mangala Parking Bilaspur and in his memorandum statement in Crime No. 126/2025 under Section 303(2) BNS of Police Station Civil Line Bilaspur, he stated that he had stolen HF Deluxe bearing registration No. CG 10 V/1984 in February 2025, HF Deluxe No. CG 10 AM/8089 in January 2025, motor cycle CG 25 G/6029, HF Deluxe motor cycle CG 10 BF/5034 in December 2024, motor cycle number CG 3 11 AU/9662 in August 2025. It is reported that the motor cycle bearing registration number CG 28 P/6846 was stolen on 2024, which shows that the applicant/accused is a habitual offender of theft and today itself, bail applications in 07 other cases of theft against him have been received for disposal, therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant was committed theft of motorcycle of the complainant from Sharda Library Mangla, where the complainant parked his motorcycle and during the course of investigation, the applicant was arrested and after taking his memorandum statement, he stated that he was stolen total 08 motorcycles from different places on different dates and thereafter, on the basis of memorandum statement, besides present one, seven other cases were registered against him of similar offence, as such, the present applicant is a habitual offender, furthermore, as of today’s date, six other bail applications of the application related to separate theft cases are listed for disposal against him and the same have been rejected today itself thus, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7 Accordingly, the bail application of the applicant - Vivek Shukla involved in Crime No.04/2025, registered at Police Station – Civil Line, Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 303(2) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 9 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti