1 2025:CGHC:45371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6140 of 2025 Rahul Yadav @ Kitanu S/o Anturam, Aged About 21 Years R/o Ward No. 14, Fokatpara Shivrinarayan P.S. Shivrinarayan District Janjgir Champa Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gidhouri, District Balodabazar Bhatapara (Chhattisgarh) ... Respondent For Applicant : None. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025 1. None appears nor any representation is made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 18/05/2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State counsel. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.06 18:20:03 +0530 2 3. 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.92/2025 registered at Police Station Gidhouri, Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5), 317(2), 238 of B.N.S. 4. Case of the prosecution, in brief, is that the complainant has lodged a report to the concerned police Station, alleging that on the date of incident, the unknown persons have entered in the house and committed theft of silver, gold and cash amount of Rs. 3,000/- from his house. Based upon such complaint made by the complainant, the police has registered the case under section 331(4), 305(A), 3(5), 317(2), 238 of B.N.S. against the unknown persons and after the investigation, the police has arrested the present applicant on the memorandum statement. 5. Learned State counsel opposes the bail application but admits that the charge-sheet has been filed against the applicant. She would submit that applicant has two criminal antecedents and from him cash amount, gold ornaments and motorcycle has been seized, as such he is a habitual offender and he is not entitled for grant of bail. 6. I have perused the case diary. 7. Considering the facts and circumstances of the case, nature of 3 allegation against the applicant, considering the fact that applicant has two criminal antecedents and from him cash amount, gold ornaments and motorcycle has been seized, as such he is a habitual offender and 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, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of applicant Rahul Yadav @ Kitanu involved in Crime No.92/2025 registered at Police Station Gidhouri, Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 331(4), 305(A), 3(5), 317(2), 238 of B.N.S., is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri