1 2025:CGHC:46395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7205 of 2025 Laxmi Prasad Sahu S/o Late Rajendra Sahu Aged About 19 Years R/o Village Hasua Police Station Gidhouri, District Balodabazar-Bhatapara Chhattisgarh At Present Address- Ward No.09, Shivrinarayan, Police Station Shivrinarayan, District : Janjgir-Champa, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gidhouri, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Uday Pratap Singh, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 92/2025, registered at Police Station Gidhouri, District : Balodabazar-Bhathapara (CG) for the offence punishable under Sections 331(4), 305(a), 317(2), 238, 3(5) of AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story in brief, is that the complainant lodged a report at the concerned Police Station, alleging that on the date of the incident, unknown persons unlawfully entered his house and committed theft of gold, silver, and a cash amount of Rs. 15,000/-. Based on the said complaint, the police registered a case under Sections 331(4), 305(a), 317(2), 238, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against unknown persons. During the course of investigation, the present applicant was arrested on the basis of a memorandum statement. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the present applicant has neither entered the complainant’s house nor committed any theft, and no substantial material has been recovered from his possession linking him to the alleged offence. Though the police seized Rs. 11,500/- from the applicant, there is no evidence to suggest it is connected to the theft, and the arrest was made solely on the basis of a memorandum statement. It is pertinent to mention that this Court, vide bail order dated 07.08.2025, had already granted bail to the applicant in Crime No. 91/2025 registered at Police Station Gidhouri, District Balodabazar-Bhatapara (C.G.) under Sections 331(4), 305(a), 3(5), 317(2), and 238 of the Bharatiya Nyaya Sanhita, 2023. The present implication appears to be based 3 merely on the memorandum statement from the previous case. The applicant is in jail since 18.05.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that bail application of identically situated co-accused, namely, Rahul Yadav @ Kitanu has already been rejected by this Court vide order dated 04.09.2025 in MCRC No.6140 of 2025. She also submits that seizure of Rs.11,500/- has been made from the possession of the applicant, further the applicant has three criminal antecedents, which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. From perusal of the record, it prima facie appears that the applicant alleged to have entered into the house of complainant and committed theft of gold, silver, and a cash amount of Rs. 15,000/- in collusion with other co-accused persons and the name of present applicant has come into light from the memorandum statement of the co-accused during the course of investigation, the investigation further reveals that seizure of Rs.11,500/- has been made from the possession of present applicant and the 4 applicant has three criminal antecedents, which shows that he is a habitual offender, also considering the fact that bail application of identically situated co-accused, namely, Rahul Yadav @ Kitanu has already been rejected by this Court vide order dated 04.09.2025 in MCRC No.6140 of 2025, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Laxmi Prasad Sahu, involved in Crime No. 92/2025, registered at Police Station Gidhouri, District : Balodabazar-Bhathapara (CG) for the offence punishable under Sections 331(4), 305(a), 317(2), 238, 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil