1 2025:CGHC:37008 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5881 of 2025 • Dudhnath Miri S/o Pusram Miri, Aged About 30 Years R/o Bade Padmuda, P.S. Malkharoda, District Sakti (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, P.S. Baradwar, District Sakti (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Tapan Kumar Chandra, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/07/2025 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.79/2025 registered at Police Station Baradwar, District - Sakti (C.G.), for the offence punishable under Sections 331(3), 305(A) of BNS. 2. Case of the prosecution, in brief, is that the complainant lodged FIR and stated that in between 05.04.2025 to 07.04.2025 in his vacant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.01 10:54:53 +0530 2 house unknown person stolen the gold and silver ornaments and cash of Rs.1,50,000/- on the basis of said report, applicant was arrested on 15.05.2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It has been argued by learned counsel for the applicant no recovery has been made from the possession of the present applicant, only on the basis of memorandum statement of co-accused, he has been falsely implicated in the present case. He also submits that the applicant is in jail since 15.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned Panel Lawyer, 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. She further submits that gold and silver ornaments has been seized from the possession of the present applicant and he has six criminal antecedents bearing crime No. 240/2021 registered at police station Malkhroada for the offence under Sections 457, 380 of IPC, crime No.14/2023 registered at police station Malkhroada for the offence under Sections 457, 380 of IPC. In crime No. 131/2023 registered at police station Malkhroada for the offence under Sections 457, 380 of IPC and in crime No.82/2025 registered at police station Dabhara for the offence under Sections 331(4), 305(A) of BNS, in crime No.20/2025 registered at police station Jaijaipur for the offence under Section 305(A) of BNS, in crime No.94/2025 registered at Police Station Jaijaipur for the offence under Sections 303, 305(A) of BNS, all cases are sting pending. As such, he is not entitled for grant 3 of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has been filed, nature of allegation and it transpires from the case diary that gold and silver ornaments has been seized from the possession present applicant and he has six criminal antecedents and all are still pending, also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. 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 therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of the applicant – Dudhnath Miri involved in Crime No.79/2025 registered at Police Station Baradwar, District - Sakti (C.G.), for the offence punishable under Section 331(3), 305(A) 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali