Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:40956
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5663 of 2025 • Tameshwar Verma S/o Mr. Mordhwj Verma, Aged About 23 Years R/o Village Thekladih, P.S. Thekladih, Dist. Kcg (Khairagarh Chuikhadan Gandai) Chhattisgarh
... Applicant versus • State Of Chhattisgarh Through The Police Station Lalbagh, Dist. Rajnandgaon Chhattisgarh.
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Raza Ali, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 13.08.2025
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.22/2025 registered at Police Station-Lal Bagh Distt.- Rajnandgaon (C.G.), for the offence punishable under Sections 303(2) and 3(5) of BNS.
2. The case in brief is that, on dated 22.01.2025 FIR has been registered against the unknown person for offences under section VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.14 18:24:55 +0530
2 303(2), 3(5) of BNS and thereafter on the basis of the memorandum recorded at different Police Station i.e. Somani, where the accused Devendra Sahu has stated that along with the present applicant he has stolen the motorcycle from different places and based on which the present applicant got implicated in the instant case as well as in other 4 cases.
3.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the allegation levelled against the present applicant is that he has stolen the motorcycle from different places along with co-accused. He later submits that only on the basis of memorandum statement of co-accused, present applicant has been arrested and the applicant has four criminal antecedents bearing crime No.76/2025 registered at police station Somani, in crime No. 77/2025 registered at police station Somani, in crime No. 59/2025 registered at police station Basantpur and in crime No.278 of 2025 registered at police station Chichola and applicant has been enlarged on bail in crime Nos. 59 of 2025 and 278 of 2025 and he is in jail since 12.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and submits that the applicant has four criminal antecedents bearing crime No.76/2025 registered at police station Somani, in crime No. 77/2025 registered at police station Somani, in crime No. 59/2025 registered at police station Basantpur and in crime No.278 of 2025 registered at police station Chichola and
3 applicant has been enlarged on bail in crime Nos. 59 of 2025 and 278 of 2025 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 and circumstances of the case, nature and gravity of offence levelled against the applicant has stolen motorcycle from different places along with co-accused, he has four criminal antecedents of similar nature bearing crime No.76/2025 registered at police Station Somani, in crime No. 77/2025 registered at police station Somani, in crime No. 59/2025 registered at police station Basantpur and in crime No.278 of 2025 registered at police station Chichola and applicant has been enlarged on bail in crime Nos. 59 of 2025 and 278 of 2025, looking to the conduct of present applicant it appears that he is habitual offender, this Court does not find it a fit case to release the applicant on bail. 7.
Accordingly, the bail application of the applicant- Tameshwar Verma involved in Crime No.22/2025 registered at Police Station- Lal Bagh Distt.- Rajnandgaon (C.G.), for the offence punishable under Sections 303(2) and 3(5) of BNS, 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. - Sd/-
(Ramesh Sinha)
Chief Justice vaishali