1 2026:CGHC:355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8038 of 2025 Dev Kumar Bhardwaj S/o Dujeram Bhardawaj, Aged About 33 Years, R/o Ward No.07, Medhapali, Tah, Dabhara, District- Sakti (C.G.) --- Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Chakradhar Nagar, District- Raigarh (C.G.) --- Non-Applicant MCRC No. 9979 of 2025 1. Ajay Kumar Sahu S/o Krishna Kumar Sahu Aged About 21 Years R/o Khajari, Police Station Kedar, Tehsil Sarangarh, District- Sarangarh- Bilaigarh C.G. 2. Memsay Sahu S/o Mandarulal Sahu Aged About 20 Years R/o Khajari, Police Station Kedar, Tehsil Sarangarh, District-Sarangarh-Bilaigarh C.G. 3. Laxman Das Mahant Alias Chote S/o Samaru Das Aged About 23 Years R/o Patharipali, Police Station Kedar, Tehsil Sarangarh, District- Sarangarh-Bilaigarh C.G. --- Applicants Versus State of Chhattisgarh Through Police Station Chakradhar Nagar, District Raigarh, C.G. --- Non-Applicant For Applicant (in MCRC No. 8038/2025) : Mr. Rohan Kumbhare, Advocate. For Applicants (in MCRC No. 9979/2025) : Mr. Vivek Mishra, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Deputy Government Advocate. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.06 10:45:43 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.01.2026 1. Since the above-mentioned two bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first bail applications filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 357/2025 registered at Police Station- Chakradhar Nagar, District - Raigarh, Chhattisgarh., for the offence punishable under Sections 303(2), 112 and 3(5) of Bharatiya Nyaya Sanhita (in MCRC No. 8038/2025) and under Sections 303(2), 112(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. As per the case of the prosecution, the complainant lodged a report on 11/08/2025 at the Chakardhar Nagar Police Station, Raigarh, alleging that a bike registered in the name of M Trans Logistics Pvt. Ltd., with registration number CG 13 AJ 3619, H.F. Deluxe, was stolen by some unknown person on 10/08/2025 at around 7:00 PM. The complainant stated that he had parked his bike on the side of the main road before entering Kamla Nehru Garden Park for a walk. However, when he returned at approximately 7:40 PM, the bike was missing. He searched the area but could not locate it. Consequently, he lodged the report. Subsequently, during the investigation, on 22/09/2025, secret information was received that some individuals near Boirdadar Chowk were keeping stolen bikes and looking for buyers. Upon raiding the location, the police recovered 16 stolen bikes from various places. During interrogation, 3 memorandum statements of the individuals were recorded, and two bikes each were seized from the possession of both the applicants. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. Mr. Rohan Kumbhare, learned counsel for the applicant in MCRC No. 8038/2025, states that it transpires from the order dated 12/11/2025 that the applicant has five previous criminal antecedents besides the present case, and he was allowed time to explain the same. However, today, when the matter was taken up, he states that his client is not responding. Mr. Vivek Mishra, learned counsel for the applicant in MCRC No. 9979/2025, states that his client also has previous criminal antecedents and further submits that his client is not responding. He further submits that the charge-sheet has been filed and the applicants have been in jail since 23/09/2025. Hence, they pray for the grant of bail. 5. Learned counsel for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed. She further submits that it transpires from the order dated 12/11/2025 that the applicant has five previous criminal antecedents in addition to the present case, and he was allowed time to offer an explanation. However, no explanation has been provided to date, which indicates that the applicants are habitual offenders. Therefore, they are not entitled to the grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that it transpires from the order dated 12/11/2025 that the applicant has five 4 previous criminal antecedents in addition to the present case, and he was allowed time to offer an explanation, however, no explanation has been provided to date, which indicates that the applicants are habitual offenders, this Court is of the view that at this stage, I am not inclined to grant bail to the applicants. 8. Accordingly, the bail applications are rejected. Let applicants – Dev Kumar Bhardwaj (MCRC No. 8038 of 2025) and Ajay Kumar Sahu, Memsay Sahu and Laxman Das Mahant (MCRC No. 9979/2025) involved in Crime No. 357/2025 registered at Police Station- Chakradhar Nagar, District - Raigarh, Chhattisgarh, for the offence punishable under Sections 303(2), 112 and 3(5) of Bharatiya Nyaya Sanhita (in MCRC No. 8038/2025) and under Sections 303(2), 112(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 (MCRC No. 9979/2025), is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Preeti