1 2025:CGHC:44351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6908 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 For Applicant : Shri Yogendra Chaturvedi and Ms. Deepa Chaturvedi, Advocates. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/09/2025 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.94/2025 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 Mahesh Singh lodged a written report at the Police Station Gaurela on 15.04.2025 to GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.02 17:47:27 +0530 2 the effect that on 15.04.2025 at around 12.00 pm, his son Tapeshwar Paikara went to Gaurela for purchasing clothes by his motorcycle HF Deluxe No.CG-10-AT-8433 with Engine No. HA11ENAGD17359 Chassis No. MBLHAWO2XAGD17625 worth around Rs 30,000/-. At around 02.00 pm, he parked his motorcycle behind the Gaurela market parking, locked it and went inside the market. It is further said that he returned at around 02.20 pm and found that the motorcycle was not at the place where he had parked it. Some unknown person had stolen the motorcycle by breaking the lock. On the basis of the above written report of the applicant, the Gaurela Police Station registered a case under Section 303 (2) against the unknown accused person as Crime No. 94/2025, investigated the matter and filed charge sheet. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant has no knowledge about the alleged seizure of the motorcycle effected by the police. He would submit that charge sheet has been filed, the applicant is in jail since 01/05/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, 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. She would submit that two bail applications of the applicant have been rejected by this Court vide MCRC No. 6801 of 2025 on 28.08.2025 and vide MCRC No. 6820 of 2025 on 29.08.2025, therefore, he is not entitled for grant of regular 3 bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that applicant has 05 criminal antecedents and all the cases are of the similar nature, which shows that the present applicant is a habitual offender and also considering the fact that two bail applications of the applicant have been rejected by this Court vide MCRC No. 6801 of 2025 on 28.08.2025 and vide MCRC No. 6820 of 2025 on 29.08.2025 for identical offences, therefore, 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 Suraj Choudhary involved in Crime No.94/2025 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. 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