1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7184 of 2025 • Gulam Ahmad @ Gudda S/o Valiul Hasan Aged About 66 Years R/o Shivnandanpur, Police Station- Vishrampur, Tahsil And District- Surajpur (C.G.) ... Applicant versus • State of Chhattisgarh Through - The Station House Officer, Police of Police Station- Vishrampur, District- Surajpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anil Gulati, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.09.2025 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.82/2025, registered at Police Station - Vishrampur District – Surajpur (C.G.) for the offences punishable under Sections 331(4) & 305(A) read with Sections 3(5) of BNS. 2. The prosecution story in brief, is that, the FIR was lodged by one Ujeet Ram, who was working as a Security Guard in SECL and during the patrolling he saw that the vehicle was parked inside the boundary wall and in the said vehicle the Iron Plat, drum, Gater was loaded i.e. amounting to Rs. 14,000/- It is further alleged by him that there are 10-12 persons are entered into the mining area and when the security guard and other guards VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.10 18:03:19 +0530 2 surrounded, the persons absconded from there and the pick-up was lying in the said mining area. On the basis of information given by the complainant Ujeet Ram, the FIR was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is argued by learned counsel for the applicant that there is no involvement of the present applicant in crime in question, the vehicle was given by the applicant on rent to one Dinesh Yadav and applicant is arrested by the police being the owner of the vehicle. He further submits that applicant is having three criminal antecedent. The applicant is in jail since 05.06.2025, charge-sheet has been filed 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 counsel for the State opposes the bail application and submits that applicant is having three criminal antecedents bearing crime No.183 of 2023 registered at police station Vishrampur for the offence under Sections 294, 506, 323, 307/34 of IPC, in Crime No.22 of 2024 registered at police station Vishrampur for the offence under Sections 457, 506, 323, 307/34 of IPC and in crime No.71 of 2025 registered at police station Vishrampur for the offence under Sections 303(2), 281, 324(4)/3(5) of BNS, it appears that applicant is a habitual offender, therefore, he is not entitle for grant of regular 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 gravity of the offence, material available in the case dairy and the fact that applicant is having three criminal antecedent bearing crime No.183 of 2023 registered at police station Vishrampur for the offence under Sections 294, 506, 323, 307/34 of IPC, in Crime No.22 of 2024 registered at police station Vishrampur for the offence under Sections 457, 506, 323, 307/34 of IPC and in crime No.71 of 2025 registered at police station Vishrampur for the 3 offence under Sections 303(2), 281, 324(4)/3(5) of BNS. The applicant is in jail since 05.06.2025, 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, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail at this stage. 7. Accordingly, the bail application of the applicant- Gulam Ahmad @ Gudda involved in Crime No.82/2025, registered at Police Station - Vishrampur District – Surajpur (C.G.) for the offences punishable under Sections 331(4) & 305(A) read with Sections 3(5) of BNS is rejected. 8. However, this Court hopes and trusts that the trial Court shall make earnest endeavour to conclude the trial as expeditiously as possible, in accordance with law, if there is no legal impediment. 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 vaishali