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2025 DAILYLAW 3582 (CHH)

BHUPENDRA SAHU @ VAKIL v. STATE OF CHHATTISGARH

MCRC/371/2025 · 2025-01-15

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Judgment text

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1 2025:CGHC:2474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 371 of 2025 Bhupendra Sahu @ Vakil S/o Bhagwat Sahu Aged About 20 Years R/o Near Railway Crossing, Ganga Nagar, P.S. Khamtarai, District Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Gudhiyari, District Raipur, C.G. ... Non-applicant For Applicant : Mr. Bharat Lal Sahu, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No. 562/2024, registered at Police Station Gudhiyari, District Raipur (C.G.) for the offence punishable under Sections 331(4), 305(1), 303(2), 3(5), 324(2), 238(b) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that the complainant lodged a report at the concerned police station, alleging that unknown persons broke into his house and stole gold, silver, and Rs. 75,000/- in cash. Based on the complaint, the police registered a 2 case under various sections of the Bharatiya Nyaya Sanhita against unknown persons. Following an investigation, the police arrested the present applicant based on a memorandum statement. 3. It has been 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 only on the basis of the memorandum statement of the co-accused person the applicant made an accused in the present case. He also submits that the applicant is in jail sinc 20.09.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has 09 criminal antecedents out of which 03 cases are under the similar nature, which shows that the present applicant is a habitual offender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From perusal of the case diary, it transpires that the applicant has 09 criminal antecedents out of which 03 cases are under the similar nature, which shows that the present applicant is a habitual offender, hence it does not appear to be proper case to grant benefit of bail to the applicant. 7. Therefore, the bail application filed by the applicant/accused – Bhupendra Sahu @ Vakil involved in Crime No. 562/2024, 3 registered at Police Station Gudhiyari, District Raipur (C.G.) for the offence punishable under Sections 331(4), 305(1), 303(2), 3(5), 324(2), 238(b) of the Bhartiya 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. OfÏce 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 Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.16 16:01:45 +0530