1 2025:CGHC:26351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4545 of 2025 Vivek Shukla S/o Rajesh Shukla Aged About 31 Years R/o Kargiroad, Kota, At Present Resident Of Sharda Vihar Colony, Polic 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.) ... Non-Applicant(s) 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.736/2024, 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 namely KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Ritesh Rajput lodged an FIR against the accused before the Police Station, Civil Line, Bilaspur, alleging therein that his motorcycle CD Delux bearing Registration No. CG-28-P-6846 has been stolen from C.L.C. Plaza Parking, when he was parked there. On the basis of said report, the alleged offence was registered against unknown person and during the course of investigation, the applicant and co- accused have been arrested. 3 Learned counsel for the applicant submits that the applicant is innocent and he 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 made accused. 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 and in the present case, charge-sheet has been filed before the competent Court 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 opposes the prayer for grant of bail and submits that from perusal of the case diary, it appears that the applicant/accused, in his memorandum statement, admitted to commit theft of a motorcycle CD Deluxe bearing registration number CG-28-P-6846 from the parking lot of Mangla CLC Plaza. In Crime No. 126/2025 registered at Police Station Civil Lines, Bilaspur under Section 303(2) of the Bharatiya Nyaya 3 Sanhita (BNS), he further stated in his memorandum that in the months of February 2025, he stole an HF Deluxe motorcycle bearing number CG-10-V-1984 and a motorcycle bearing number CG 25 G/6029. In December 2024, he stole an HF Deluxe motorcycle bearing number CG-10-BF-5034 and another motorcycle bearing number CG-11-AU-9662. In August 2024, he again admitted to commit theft of the same motorcycle bearing number CG -28-P-6846. From the review of the case, it becomes evident that the applicant/accused is a habitual offender involved in theft. Furthermore, as of today’s date, 07 other bail applications related to separate theft cases are pending for disposal against him. 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 C.L.C. Plaza Parking, 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 further, in the present case, two motorcycles were recovered from the possession of the 4 applicant as such, the present applicant is a habitual offender furthermore, as of today’s date, six other bail applications of the applicant 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 it 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.736/2024, 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. 8 Needless to say that the trial Court concerned is at liberty to 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal