1 / 4 2025:CGHC:14876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1524 of 2025 Akash Dahariya S/o Shri Anand Dahariya Aged About 22 Years R/o Minimata Nagar Talapara, P.S. Civil Line Bilaspur, District Bilspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through S.H.O. Civil Line, District Bilaspur, Chhattisgarh. (P.S. Wrongly Mention In The Cause Title Of The Impugned Order) ... Respondent For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.03.2025 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 applicant who has been arrested in connection with Crime No. 1003/2023 ( wrongly mentioned offence in the cause title of the impugned order) registered at Police Station Civil line, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.03.29 11:10:40 +0530 2 / 4 District Bilaspur (C.G.), for the offence punishable under Sections 457, 380, 413 read 34 of the Indian Penal Code ( wrongly mentioned offence in the cause title of the impugned order) 2. As per prosecution story, according to the case diary, Complainant Namely Suresh Hinduja has made a complaint before Civil line thana in which he was stated that his hole sell shop of Hinduja Traders, where their two sons has been look after such shop, prior to 3-4 days they have sold his Ancestral House of Gwalior and Bring the hard cash and kept in rental house various place and on dated 21.10.2023 at about 10.00 his younger son went to open the shop and afternoon 12.30 his elder son Himanshu lock in house went to shop, 5.00 pm evening went to house and show that some unknown person brock the lock and entered in the house and committed theft and stolen Rs 7,00,000/- one mobile vivo company took it away. By which report was made and registered the aforesaid offence against the unknown person and investigate the matter during investigation police has arrested the applicant and recorded the memorandum statement as per memorandum statement alleged the applicant crime in questions 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the prosecution has not collected the sufficient material regarding theft of the said articles. He also submits that only on the memorandum statement of the other co-accused, the present 3 / 4 applicant has been roped in the present case. He also submits that the present applicant has been in jail since 14.01.2024, and the conclusion of the trial may take some time therefore, he prays for grant of bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that out of stolen amount of Rs. 7,00,000/- a sum of Rs. 2,50,000/- has been seized from the possession of the present applicant. She also submits that the present applicant is having 04 criminal antecedents under the same nature, which goes to show that he is habitual offender. As such, his bail applicant is entitled to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the fact and circumstances of the case, nature and gravity of offence, particularly the fact that out of Rs.7,00,000/- of stolen amount, a sum of Rs.2,50,000/- has been seized from the possession of the present applicant and there are 04 criminal antecedents of the same nature pending against him, which goes to show that the applicant is a habitual offender 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 canceled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion 4 / 4 that is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of the applicant – Akash Dahriya, Crime No. 1003/2023 registered at Police Station Civil line, District Bilaspur (C.G.), for the offence punishable under Sections 457, 380, 413 read 34 of the Indian Penal Code (IPC), is rejected. 8. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 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 vaibhav