1 2025:CGHC:39605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4961 of 2025 Rajendra Singh @ Vishvanath S/o Late Rajbali Singh Aged About 41 Years R/o Village Udaypur Police Station - Ramkanda, District - Gadwa Jharkhand ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Samaripath, District - Balrampur-Ramanujganj Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Akath Kumar Yadav, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.11/2015, registered at Police Station- Samaripath District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 4(B) of Explosive Substances Act and Section 8(1)(3)(5) of Chhattisgarh Special Public Security Act. 2. The prosecution story in brief, is that on 18.03.2015, as per secret KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 information received from an informer that unknown Naxaliters have buried a Tiffin bomb from Sabag to Chunchuna Pundag on the route used by the police and CRPF forces with the intention of causing harm to the lives and property of the police personal and villagers and government property. Based on the above information, the police reached a place called Kurga Ama before the incident site Pachpedi village and carefully condoned off the area and searched it with the help of a sniffer dog. When the sniffer dog repeatedly marked the same place, the BDS team identified the Tiffin bomb and detonator wire, when they could not understand its mechanism, the BDS team advised to defuse the IED on the spot and the IED was defused on the spot by the BDS team. Crime No. 11/2015 was registered against unknown person at police station Samaripath for aforesaid offences and investigation was taken up against the applicant. 3. Learned counsel for the applicant submits that the the applicant is innocent person and he has been roped in the offence due to enmity. He further submits that the applicant has not committed offence defined under section 4 (B) Explosive Substances Act and Section 8(1)(3)(5) Chhattisgarh Special Pubic Security Act. He further submits that the present applicant was wanted in a criminal case, in which his memorandum statement was recorded and thereafter, the present case was registered against him. He also submits that the applicant has been acquitted in that earlier case by the trial Court. The applicant has been in judicial custody in the present case since 07.04.2025 and the conclusion of the present 3 trial is likely to take considerable time. Therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned counsel for the State opposes the bail application and submits that in compliance of the Court’s order dated 23.07.2025, an affidavit has been filed with respect to the same, it is stated that upon examining the criminal records, it is revealed that the applicant is an habitual offender, because, as many as 06 criminal cases have been registered within District Balrampur- Ramanujganj (CG) and as many as 30 offences have been registered in Gadwa District of Jharkhand State. It is further alleged that the aforesaid Crime No. 11/2015 was registered against unknown persons and upon the memorandum statement of the present applicant, it is discovered that, he was involved in the incident of Crime No. 11/2015, therefore, the Police authority has arrested him on 07.04.2025 at village Samripath, District Balrampur- Ramanujganj (CG). It is further alleged that the Investigating agency had made seizure of detonator and other articles from the place of incident at village Chunchuna, which link the present applicant involved in the alleged incident. Thus, it is respectfully submitted that, sufficient evidences have been collected by the prosecution and as per the memorandum statement it is prima-facie prove that the applicant was involved in the alleged offence. Accordingly, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and 4 gravity of offence levelled against the applicant and further the fact that in-compliance of the Court’s order dated 23.07.2025, an affidavit has been filed, which discloses that upon examination of the applicant’s criminal record, it is evident that he is a habitual offender. As many as 06 criminal cases have been registered against him within District Balrampur-Ramanujganj (Chhattisgarh), and approximately 30 criminal cases have been registered in Garhwa District, State of Jharkhand. Furthermore, Crime No. 11/2015 was initially registered against unknown persons. However, pursuant to the memorandum statement of the present applicant, it was revealed that he was involved in the said offence. Based on this disclosure, the police arrested him and the Investigating Agency subsequently seized detonators and other incriminating materials from the place of incident, i.e., village Chunchuna, which directly link the applicant to the alleged criminal act. Moreover, sufficient evidence has been collected during the course of investigation. The applicant’s memorandum statement, coupled with the recoveries made, prima facie establishes his involvement in the offence in question further, looking to the seriousness of the allegations, his habitual criminal conduct and the strong prima facie evidence collected, the applicant does not deserve the benefit of regular bail, further he has misused the bail granted to him earlier and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused 5 therein on the ground that the accused had previous antecedents, 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 – Rajendra Singh @ Vishvanath, involved in Crime No.11/2015, registered at Police Station- Samaripath District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 4(B) of Explosive Substances Act and Section 8(1)(3)(5) of Chhattisgarh Special Public Security Act, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal