1 2025:CGHC:54636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8971 of 2025 1 - Madhav Yadaw Alias Sweety S/o Dayanidhi Yadaw Aged About 21 Years R/o Vill. Bilaigarh B, Tehsil And Police Station Baramkela, Distt. Sarangarh-Bilaigarh C.G. 2 - Pradeep Sidar S/o Shriram Sidar Aged About 26 Years R/o Vill. Bilaigarh B, Tehsil And Police Station Baramkela, Distt. Sarangarh-Bilaigarh C.G. ... Applicants Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Baramkela, Distt. Sarangarh-Bilaigarh C.G. ... Non-applicant For Applicants : Mr. Ravi Kumar Banajre, Advocate For Non-applicant : Mr. Malay Jain, Panel Lawyer S.B. : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 101/2025 registered at Police Station – Baramkela, District – Sarangarh – Bilaigarh (C.G.) for the offence punishable under Sections 331 (4), 305 (A) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that in the night of 27.08.2025, the applicants along with the other co-accused persons have stolen gold ornaments amounting to Rs. 50,000/- from the house of the complainant. 2 Upon complaint being registered by the complainant in the concerned police station, investigation was commenced, the applicants and other co-accused persons were arrested on 31.08.2025. During the course of investigation, the police identified and arrested the accused persons, completing the investigation and filing the charge sheet before the competent court. 3. Learned counsel for the applicants submit that the present applicants are innocent persons and have been falsely been implicated in the aforesaid case. He submits that no seizure of any stolen/alleged article has been made from the possession of the present applicants and there is no material against the applicants in the charge-sheet. Applicants are in jail since 31.08.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicants. 4. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has been filed before the competent Court. Further, from a perusal of the record, it is evident that from the possession of the applicants, gold amounting to Rs. 5,50,000/- has been seized which is also evident in the memorandum of the applicants/accused. He further submits that there are 02 criminal antecedents against the applicants for similar nature of offence, to which, no explanation has been offered by the applicants. Therefore, the applicants are not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offense leveled against the applicant and also, the fact that gold amounting to Rs. 5,50,000/- has been seized from the possession of the applicants and further, 02 criminal antecedents of the applicants of similar nature which are pending goes to show that they are habitual offenders, 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 3 therein on the ground that the accused had previous antecedents, it cannot be a case of false implication, this Court is of the view that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the bail application of the applicants namely, Madhav Yadav @ Sweety and Pradeep Sidar, involved in Crime No. 101/2025, registered at Police Station - Baramkela, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Section 331 (4), 305 (A) & 3 (5) of the Bharatiya Nyaya Sanhita, 2023 is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. \ Sd/- Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY