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2025 DAILYLAW 41541 (CHH)

SURAJ CHOUDHARY v. STATE OF CHHATTISGARH

MCRC/6820/2025 · 2025-08-28

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Judgment text

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1 2025:CGHC:44025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6820 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.) ... Non-applicant For Applicant : Mr. Yogendra Chaturvedi, Advocate For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.08.2025 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS in connection with Crime No. 95/2025, registered at Police Station Gaurela, District Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in short is that the complainant, Vidya Tamrakar, lodged a report on 16.04.2025 at Police Station Gaurela stating that she had given her motorcycle bearing registration number CG 10 EL 3412 to her younger brother, Sanjay Tamrakar, for riding. On 14.04.2025, at about 12:40 P.M., her brother parked the said motorcycle in front of the IW Office and went to his house at Single Tola, Gaurela, for lunch. It is ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.30 14:23:52 +0530 2 further stated that at about 2:00 P.M., when he returned to the said place, the motorcycle was missing, and it appeared that some unknown person had stolen the motorcycle, valued at Rs. 15,000/-. Accordingly, Crime No. 95/2025 was registered for the offence punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He submits that the other co-accused person, namely, Mohd. Rashid @ Shakir has already been granted regular bail by this Court in MCRC No. 5850 of 2025 vide order dated 06.08.2025. He also submits that the applicant is in jail since 27.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant on the ground of parity. 4. On the other hand, the learned counsel for the State opposes the bail application and submits that the applicant has 05 criminal antecedents and all the cases are of the similar nature, which shows that the present applicant is a habitual offender, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. From perusal of the case diary, it transpires that the applicant has 05 criminal antecedents and all the cases are of the similar nature, which shows that the present applicant is a habitual offender, hence it does not appear to be proper case to grant benefit of bail to the applicant. 7. Therefore, the bail application filed by the applicant/accused – Suraj Choudhary involved in Crime No. 95/2025, registered at Police Station 3 Gaurela, District Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 303(2), 111, 317(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek