1 2025:CGHC:45373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6625 of 2025 1 - Deepak Yadav S/o Shri Hariram Aged About 28 Years, 2 - Bhagwat Yadav S/o Late Shri Makhanlal Aged About 21 Years, Both are R/o Fokatpara, Sheorinarayan, Thana - Sheorinarayan, Distt.- Janjgir-Champa (C.G.) ... Applicants versus The State Of Chhattisgarh Through The Station House Officer, Police Station- Gidhouri Distt.- Balodabazar-Bhatapara (C.G.) ... Respondent For Applicants : Shri Sumit Shrivastava, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025 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 applicants who have been arrested in connection with Crime No.92/2025 registered at Police Station Gidhouri, Distt.- Balodabazar-Bhatapara (C.G.) for the offence GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.06 18:20:04 +0530 2 punishable under Sections 331(4), 305(a), 317(2), 238, 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant Kesar Sahu has lodged the report on 25.04.2025 against unknown persons with the averment that on 24.04.2025 at about 10 pm he was sleeping at about 4 am her mother Uttara Sahu seen that the back door of the house was open and the box in which ornaments were kept was missing, after search the blank box was found in the field of Mukunda Yadav, the ornaments amounting Rs.1,06,000/- was stolen by unknown persons so on the basis of the report offence against unknown persons was registered and the applicants have been arrested in connection with crime no.91/2025, their memorandum is recorded and they were implicated in the present case also and after completing the investigation charge sheet is filed. 3. Learned counsel for the applicants submits that the name of the applicants are not mentioned in the FIR, only on the basis of doubt, applicants were arrested in the aforesaid crime and no theft articles have been seized from the applicants and their memorandum statement has been recorded in which they have informed that the ornaments were sold to Astha Jewellers, from the owner of the Astha Jewellers cash amount has been seized stating that the ornaments has been sold to the other customers. He would submit that charge sheet has been filed, the applicants are in jail since 18/05/2025 and conclusion of trial will take some 3 time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed before the competent court. She would submit that applicant No.1 Deepak Yadav has five criminal antecedents and from him cash amount, gold ornament and motorcycle has been seized and applicant No.2 Bhagwat Yadav has two criminal antecedents and from him cash amount and gold ornament has been seized, as such they are habitual offenders and they are not entitled for grant of bail. 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 applicants, considering the fact that applicant No.1 Deepak Yadav has five criminal antecedents and from him cash amount, gold ornament and motorcycle has been seized and applicant No.2 Bhagwat Yadav has two criminal antecedents and from him cash amount and gold ornament has been seized, as such they are habitual offenders 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 4 opinion that this is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, the bail application of applicant No.1- Deepak Yadav and applicant No.2 Bhagwat Yadav involved in Crime No.92/2025 registered at Police Station Gidhouri, Distt.- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 331(4), 305(a), 317(2), 238, 3(5) of B.N.S., is rejected. 8. 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