1 2025:CGHC:4045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 117 of 2025 Deep Nanda @ Gulli S/o Anil Kumar Nanda Aged About 29 Years R/o Village Nagoikhar Police Station Darri District - Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station - Urga District - Korba (C.G.) ... Non-applicant For Applicant : Mr. Sumit Jhawar, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 22.01.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 302/2023, registered at Police Station – Urga, District- Korba, (C.G.) for the alleged commission of offence punishable under Sections 379, 34 and 120-B of Indian Penal Code and 25 and 27 of Arms Act. 2. As per the prosecution’s case, in brief, is that complainant, Drishyant Tiwari, Assistant General Manager of Lanco Power Plant, Patadhi, lodged a written complaint on 02.09.2023 at Police Station Urga, District Korba. The complaint stated that approximately 10 kilometers of aluminum wire laid near Village Kanki had been stolen. Based on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.23 16:48:57 +0530 2 this complaint, Crime Number 302/2023 was registered against an unknown person at the said police station under Section 379 of the Indian Penal Code (IPC). During the investigation, the memorandum statement of a co-accused was recorded, and based on this statement, the applicant was implicated as an accused in the case. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has not committed any crime of theft. During the incident he was in Bhopal and Ujjain and his train ticket and hotel receipt have been annexed with as Annexure-A/2. He further submits that the FIR was registered against the unknown person. During the investigation co-accused has been arrested and memorandum was recorded. On the basis of said memorandum applicant made accused in this case. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the present applicant along with co-accused persons have theft of approximately 10 kilometers of aluminum wire laid near Village Kanki. He further submits that the present applicant has 09 previous criminal antecedents which are pending, which shows that the present applicant is a habitual offender. Therefore, he is not entitled for grant of anticipatory bail in the present matter. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, nature & gravity of the offence and the fact that the present applicant along with co- accused persons have theft of approximately 10 kilometers of aluminum wire laid near Village Kank and the present applicant has 09 previous criminal antecedents which are pending, which shows that the present applicant is a habitual offender, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Deep Nanda @ Gulli, involved in Crime No. 302/2023, registered at Police Station – Urga, District- Korba, (C.G.) for the alleged commission of offence punishable under Sections 379, 34 and 120-B of Indian Penal Code and 25 and 27 of Arms Act, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan