1 2025:CGHC:46977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6582 of 2025 Jasim Khan S/o Late Rashid Khan Aged About 26 Years R/o Village- Hariganwa P.S.- Raghunathnagar, District- Balrampur- Ramanujganj ( C.G. ). Note Name And Addresses Of The Applicant Is Not Mention In Cause Title Of The Order Dated 25-09-2024 Annexure- A/1 And Name And Addresses Of The The Applicant Correct Mention As Per Annexure- A/3. ... Applicant versus State Of Chhattisgarh Through- P.S. Trikunda, District- Balrampur- Ramanujganj ( C.G. ). ... Respondent For Applicant : Shri Navneet Kumar Yadav, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/09/2025 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.07/2023 registered at Police Station Trikunda, District Balrampur - Ramanujganj for the offence punishable under Section 379 R/w 34 of IPC and Section 137 of the Electricity Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.15 17:15:14 +0530 2 2. Case of the prosecution, in brief, is that the applicant & other co- accused have committed theft of the copper coil from the transformer at village Mohali Koyam para. Therefore the police station Trikunda has registered a case as Crime Number 07/2023 for offence punishable under section 379 R/w 34 of IPC and section 137 of the Electricity Act against applicant & other co accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case and no article has been seized from the possession of the present applicant. He would submit that the material witnesses have been examined before the trail court and they have not supported the case of prosecution. He would submit that the applicant is in jail since 24.08.2024 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that there are total nine criminal antecedents against the applicant out of which 7 cases are of similar nature which are pending and in respect of other two cases explanation has been given by filing covering memo. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of allegation against the applicant, considering the fact that there are nine criminal antecedents against the applicant, out of which 7 cases are of similar nature which are pending, as such he is a habitual offender and also in light of the judgment rendered by the Supreme Court in Deepak 3 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 this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Jasim Khan involved in Crime No.07/2023 registered at Police Station Trikunda, District Balrampur - Ramanujganj for the offence punishable under Section 379 R/w 34 of IPC and Section 137 of the Electricity Act, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri