1 2025:CGHC:52201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8320 of 2025 Bambaiya Alias Chotu Alias Rajesh Sahu S/o Raghuram Sahu Aged About 27 Years R/o Torwa Basti Police Station Torwa, District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House O+cer, (SHO) P.S. - Torwa, District – Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 27/10/2025 1. This is the First bail application 4led under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 464/2023 registered at Police Station – Torwa, District – Bilaspur (C.G.) for the o;ence punishable under Sections 457, 380, 411 and 34 of the IPC. 2. Case of the prosecution, in brief, is that there was a report lodged on 08/09/2023, complainant Shakuntala Tirki woke up at 02:00 a.m. and found that an unknown person had stolen her daughter Manju Tirki's mobile phone, Rs.50,000 cash in her bedroom bag, a gold earring. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and a silver anklet. The complainant lodged a report of the incident at Torwa police station on 08/09/2023. Based on the applicant's report, Torkha police registered a First Information Report (FIR) No. 464/2023 under sections 457 and 380 of the Indian Penal Code against the unknown person. During the investigation, accused Rajesh Sahu alias Chhotu was found to have stolen the mobile phone and sold it to accused Sonu Sahu. On 4nding the accused Sonu Sahu and Rajesh Sahu alias Chhotu involved in the above crime, on 12/01/2024, accused Sonu Sahu was arrested and a case under section 411 of the Indian Penal Code was registered in the case and a charge sheet was presented in the court for the absconding of accused Bambaiya alias Chhotu alias Rajesh Sahu. In compliance with the permanent arrest warrant, absconding accused Bambaiya alias Chhotu alias Rajesh Sahu was arrested. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been 4led in this case. The applicant is in jail since 01.08.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the applicant along with the co-accused is said to have committed theft of mobile, money as well as the gold and silver ornaments of the complainant from her bedroom, and recovery of cash, gold and silver ornaments has also been made from the possession of the applicant for which no any plausible explanation has been as it is not a case of false implication, furthermore, there are 14 criminal antecedents registered against the applicant and most of 3 them are of similar nature, out of which only 7 cases have been explained by the applicant in the bail application. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the applicant along with the co-accused is said to have committed theft of mobile, money as well as the gold and silver ornaments of the complainant from her bedroom, and recovery of cash, gold and silver ornaments has also been made from the possession of the applicant for which no any plausible explanation has been as it is not a case of false implication, furthermore, there are 14 criminal antecedents registered against the applicant and most of them are of similar nature, out of which only 7 cases have been explained by the applicant in the bail application, he is a habitual o;ender, and he has misused the bail granted to him earlier, and 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 it is not a 4t case to enlarge the applicant on regular bail. 7. 7. Accordingly, this bail application of applicant – Bambaiya Alias Chotu Alias Rajesh Sahu involved in Crime No. 464/2023 registered at Police Station – Torwa, District – Bilaspur (C.G.) for the o;ence punishable under Sections 457, 380, 411 and 34 of the IPC, is rejected at this stage. 4 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. O+ce is directed to send a certi4ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar