1 2025:CGHC:43696 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6801 of 2025 • Suraj Choudhary S/o Kamla Prasad Choudhary, Aged About 24 Years R/o Village Kudri, Police Station Nourozabad, District Umariya (M.P.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Gaurela, District Gaurela-Pendra-Marwahi (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Yogendra Chaturvedi, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28.08.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 98/2025 registered at Police Station – Gaurela, District – Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 3(5) of BNS. 2. Case of the prosecution, in brief, is that the complainant Sunil Kumar Agrawal lodged a report on 18.04.2025 with the police station – Gaurela to the effect that on 17.04.2025 at VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.29 17:31:35 +0530 2 about 8:40 night, he had been to Railway Station Pendra road to see off one of the relatives of Sushil Dwivedi by his Honda Shine Motor Cycle No.CG-10 AG-1751 and parked the motor cycle nearby the gate of water tank at railway station and entered the railway station. It is further said that at about 9:30, he returned and found his motorcycle was not there. It is further said that some unknown person stole his motor cycle worth of Rs. 35,000/- thereafter, present crime has been registered. 3. Learned counsel for the applicant submits applicant is innocent and has been falsely implicated in the instant case. It has been argued by learned counsel for the applicant that the applicant was employee of Mohd. Rashid @ Shakir, in whose garage applicant used to work. He further submits that co-accused Mohd. Rashid @ Shakir has already been granted bail by this Court in MCRC No.5951 of 2025 vide order dated 06.08.2025, therefore, he prays for releasing the applicant on regular bail on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the co-accused namely Mohd. Rashid @ Shakir, who has been granted bail by this Court on the ground that his name is came in to light of the memorandum statement of the present applicant and he has neither criminal antecedent nor any recovery made from the co-accused Mohd. Rashid @ Shakir, but recovery of the 3 motorcycle has been made from the possession of the present applicant and he has five criminal antecedents, and all are described in paragraph 4(a) of the bail application, as such, he is 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 and the fact that co-accused namely Mohd. Rashid @ Shakir, who has been granted bail by this Court on the ground that his name is came in to light of the memorandum statement of the present applicant and he has neither criminal antecedent nor any recovery made from the co-accused Mohd. Rashid @ Shakir, but recovery of the motorcycle has been made from the possession of the present applicant and he has five criminal antecedents, which shows that applicant is a habitual offender, hence, he misused the liberty granted to him earlier. 7. Accordingly, this bail application of applicant – Suraj Choudhary involved in Crime No. Crime No.98/2025 registered at Police Station – Gaurela, District –Gaurela- Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 3(5) of BNS is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 4 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