1 2025:CGHC:40957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5876 of 2025 • Tameshwar Verma S/o Shri Mordhwaj Verma Aged About 23 Years R/o Village- Bundelikhurd, Thana- Thelkadih, Distt.- Rajnandgaon, C.G. ... Applicant versus • The State Of Chhattisgarh Through The Station House Officer, Police Station- Somni, Distt.- Rajnandgaon, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anirudha Shrivastava, 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.01/2025 registered at Police Station- Somni Distt.- Rajnandgaon (C.G.), for the offence punishable under Sections 303(2), 317(2), 3(5) and 35(1)(e) of BNS. 2. The case in brief is that, for the during the investigation of crime number 77/2025 section 303(2) BNS, information was received VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.14 18:24:55 +0530 2 from an informer that three persons have come near somni culvert on a numberless motorcycle who looked very suspicious. On the basis of said information the police immediately reached near Somni Culvert and on the indication of the informer, the suspects Devendra Sahu, Tameshwar Verma and Tameshwar Barle were caught with the numberless motorcycle HF Deluxe with the help of the villagers present on the spot and interrogated and the stolen motorcycle was seized and due action was taken. A Memorandum statement was taken which the co accused Devendra Sahu told that 9 motorcycle was along with present applicant 8 stolen from different place. on the basis of the memorandum statement police registered the offence as mentioned above and arrested the applicant and co-accused seized the Vehicle and also shown the arrest in other similar nature of 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.22/2025 registered at police station Lalbag, 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 15.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 3 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.22/2025 registered at police station Lalbag, 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, She also submits that one motorcycle seized from the present applicant, 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 bearing crime No.22/2025 registered at police station Lalbag, 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, one motorcycle seized from the present applicant, 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.01/2025 registered at Police Station- Somni Distt.- Rajnandgaon (C.G.), for the offence punishable 4 under Sections 303(2), 317(2), 3(5) and 35(1)(e) 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