1 2025:CGHC:54379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8890 of 2025 Madhav Yadaw Alias Sweety S/o Dayanidhi Yadaw Aged About 21 Years R/o Village Bilaigarh B, Tehsil and Police Station Baramkela, District Sarangarh- Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Baramkela, District - Sarangarh-Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Ravi Kumar Banjare, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 07.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.98/2025, registered at Police Station – Baramkela, District - Sarangarh-Bilaigarh(C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution case, on the night of 22.08.2025, the applicant along with other co-accused committed theft of Rs. 47,000/- and two silver payal ornaments worth Rs. 3,000/- from the house of the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.11.10 17:42:01 +0530 2 complainant. The complainant lodged a complaint before the concerned police station. After investigation, an FIR was registered under Sections 331(4), 305(A), and 3(5) of the B.N.S.S. against the present applicant and other co-accused, and they were arrested. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the Police have not registered the FIR in the name of the applicant and other co-accused persons. He also submits that the applicant has 2 previous similar criminal cases. He also submits that the charge-sheet has been filed in this case and the applicant is in jail since 31.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed. He further submitted that, upon perusal of the case record, it appears that in the present case, the applicant/accused, along with other co-accused persons, entered the house of the complainant and committed theft of Rs. 47,000/- and two pairs of silver payal (anklets) worth Rs. 3,000/-. It is further submitted that the applicant has two previous criminal antecedents of a similar nature, registered as Crime No. 63/2025 and Crime No. 101/2025, in which the applicant committed thefts of Rs. 5,00,000/- and Rs. 50,000/-, respectively. This shows that the applicant/accused is a habitual offender of theft, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature 3 and gravity of allegation levelled against the applicant and the fact that in the present case, the applicant/accused, along with other co-accused persons, entered the house of the complainant and committed theft of Rs. 47,000/- and two pairs of silver payal (anklets) worth Rs. 3,000/-, further the applicant has two previous criminal antecedents of a similar nature, registered as Crime No. 63/2025 and Crime No. 101/2025, in which the applicant committed thefts of Rs. 5,00,000/- and Rs. 50,000/-, respectively, as such, the present applicant is a habitual offender, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of the applicant - Madhav Yadaw Alias Sweety involved in Crime No.98/2025, registered at Police Station – Baramkela, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 331(4), 305(A) and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti