Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58898
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9627 of 2025 V. Santosh Soni @ Babu S/o V. Ramu Soni Aged About 42 Years Resident of Brahmanpara, Ward No. 33, P.S. – City Kotwali, District Rajnandgaon, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through Police Station Basantpur, District – Rajnandgaon, Chhattisgarh. ---- Non-Applicant Along with MCRC No. 9701 of 2025 V. Santosh Soni @ Babu S/o V. Ramu Soni Aged About 42 Years Resident of Brahmanpara, Ward No. 33, P.S. – City Kotwali, District Rajnandgaon, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through Police Station Basantpur, District – Rajnandgaon, Chhattisgarh. --- Non-applicant Along with MCRC No. 9705 of 2025 V. Santosh Soni @ Babu S/o V. Ramu Soni Aged About 42 Years Resident of Brahmanpara, Ward No. 33, P.S. – City Kotwali, District Rajnandgaon, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through Police Station Basantpur, District – Rajnandgaon, Chhattisgarh. --- Non-applicant Along with MCRC No. 9714 of 2025 V. Santosh Soni @ Babu S/o V. Ramu Soni Aged About 42 Years Resident of Brahmanpara, Ward No. 33, P.S. – City Kotwali, District Rajnandgaon, Chhattisgarh. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
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---Applicant Versus State of Chhattisgarh Through Police Station Basantpur, District – Rajnandgaon, Chhattisgarh. --- Non-applicant Along with MCRC No. 9729 of 2025 V. Santosh Soni @ Babu S/o V. Ramu Soni Aged About 42 Years Resident of Brahmanpara, Ward No. 33, P.S. – City Kotwali, District Rajnandgaon, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through Police Station Basantpur, District – Rajnandgaon, Chhattisgarh. --- Non-applicant Along with MCRC No. 9747 of 2025 V. Santosh Soni @ Babu S/o V. Ramu Soni Aged About 42 Years Resident of Brahmanpara, Ward No. 33, P.S. – City Kotwali, District Rajnandgaon, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through Police Station Basantpur, District – Rajnandgaon, Chhattisgarh. --- Non-applicant Along with MCRC No. 9759 of 2025 V. Santosh Soni @ Babu S/o V. Ramu Soni Aged About 42 Years Resident of Brahmanpara, Ward No. 33, P.S. – City Kotwali, District Rajnandgaon, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through Police Station Basantpur, District – Rajnandgaon, Chhattisgarh. --- Non-applicant Along with MCRC No. 9802 of 2025 V. Santosh Soni @ Babu S/o V. Ramu Soni Aged About 42 Years Resident of Brahmanpara, Ward No. 33, P.S. – City Kotwali, District Rajnandgaon, Chhattisgarh. --- Applicant versus
3 State of Chhattisgarh Through Police Station Basantpur, District – Rajnandgaon, Chhattisgarh.
--- Non-applicant Along with MCRC No. 9888 of 2025 V. Santosh Soni @ Babu S/o V. Ramu Soni Aged About 42 Years Resident of Brahmanpara, Ward No. 33, P.S. – City Kotwali, District Rajnandgaon, Chhattisgarh. ---Applicant Versus State of Chhattisgarh Through Police Station Basantpur, District – Rajnandgaon, Chhattisgarh. --- Non-applicant For Applicants : Mr. Pranav Tiwari, Advocate For Non-applicants/State : Mr. Nitansh Jaiswal, Panel Lawyer, Ms. Smriti Shrivastava, Panel Lawyer, Mr. Amit Verma, Panel Lawyer, Mr. Soumya Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.12.2025
1. Since all the the second bail applications are arising out of similar incidents registered at different Police Stations and also the applicant is same in all the second bail applications but their crime numbers are different, they are being heard and decided by this common order. 2. MCRC No. 9627 of 2025 - The applicant has preferred this Second Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.318/2024, registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 331(4), 305 and 317(4)/49 of the BNS. 3. MCRC No 9701 of 2025 - The applicant has preferred this Second Bail
4 Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No. 240/2024, registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380 and 413/109 of the IPC. 4. MCRC No. 9705 of 2025 - The applicant has preferred this Second Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.26/2022, registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380 and 413/109 of the IPC. 5.
MCRC No. 9714 of 2025 - The applicant has preferred this Second Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.360/2023, registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380 and 413/109 of the IPC. 6. MCRC No. 9729 of 2025 - The applicant has preferred this Second Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No. 733/2022, registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380 and 413/109 of the IPC. 7. MCRC No. 9747 of 2025 - The applicant has preferred this Second Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.125/2025,
5 registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 331(4), 305, 317(4)/49 and 3(5) of the BNS. 8. MCRC No. 9759 of 2025 - The applicant has preferred this Second Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.249/2023, registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380, 413 and 34 of the IPC. 9. MCRC No. 9802 of 2025 - The applicant has preferred this Second Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No. 48/2024, registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380, 413 and 34 of the Indian Penal Code (IPC). 10.
MCRC No. 9888 of 2025 - The applicant has preferred this Second Bail Application under Section 483 of the BNSS for grant of regular bail, as he has been arrested in connection with Crime No.266/2024, registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 457, 380, 413 and 34 of the IPC. 11. Case of the prosecution, in brief, is that the complainants have lodged a report at the Police Stations concerned alleging inter-alia that some unknown persons have committed crime of theft of cash amount as well as gold and silver ornaments from their houses, during the course of investigation, the applicant’s name has come into light from the
6 memorandum statement of the co-accused, and he was found to be involved in other similar offences, hence, different crime numbers were registered against him at different Police Stations. Hence, this application. 12. The learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and the charge-sheet has been filed in the present case. It is further submitted that the offence was registered against the unknown persons and merely on the basis of the suspicion and the memorandum statement of the co-accused, the applicant has been arrested by the Police whereas no such offence has been committed by the him. It is further submitted that the first bail applications of the applicant were rejected by this Court on merit vide order dated 08.05.2025 passed in MCRC Nos. 3601/2025, 3574/2025, 3596/2025, 3588/2025, 3582/2025, 3597/2025, 3584/2025, 3568/2025 and 3589/2025, respectively, and so far as the status of the trial is concerned, the seizure witnesses have turned hostile and there is no eyewitness, CCTV footage, or any other direct evidence connecting the accused to the alleged theft. The applicant is in jail in the present cases since 20.03.2025, respectively, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 13.
On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the applicant is involved in 9 criminal cases, and further in the present case the complainants have lodged a report at the Police Stations concerned alleging inter-alia that some unknown persons have
7 committed crime of theft of cash amount as well as gold and silver ornaments from their houses, during the course of investigation, the applicant’s name has come into light from the memorandum statement of the co-accused, and he was found to be involved in other similar offences in which ground the first bail applications of the applicant were rejected by this Court, charge-sheet has been filed before the competent Court. As such, the present applicant is not entitled for grant of bail. 14. I have heard learned counsel appearing for the parties and perused the case diary. 15. Taking into consideration the facts and circumstances of the case and also looking to the fact that the applicant is involved in 9 criminal cases of similar nature which shows that he is a habitual offender, and the first bail applications of the applicant were rejected by this Court on merit vide order dated 08.05.2025 passed in MCRC Nos. 3601/2025, 3574/2025, 3596/2025, 3588/2025, 3582/2025, 3597/2025, 3584/2025, 3568/2025 and 3589/2025, respectively. Though the seizure witnesses have turned hostile and there is no eyewitness or any CCTV footage of the incident, but it would not be a proper ground to enlarge the applicant on regular bail, as in the present cases, the applicant’s name has come into light from the memorandum statement of the co-accused and he was found to be involved in the aforementioned criminal cases, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 16. Accordingly, these Second bail applications of the applicant – V. Santosh Soni @ Babu involved in Crime Nos.
318/2024, 240/2024,
8 26/2022, 360/2023, 733/2022, 125/2025, 249/2023, 48/2024 and 266/2024, respectively, registered at Police Station Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 331(4), 305 and 317(4)/49 of BNS, Sections 457, 380, 413/109 of IPC, Sections 331(4), 305, 317(4)/49 and 3(5) of BNS, and Sections 457, 380, 413 and 34 of the IPC, respectively, are rejected at this stage. 17. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 18. 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 Rajshekhar