1 2026:CGHC:408 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9933 of 2025 Sandeep Mahilange @ Nanu S/o Badriprashad Mahilange Aged About 27 Years R/o Singarpur Mauli, P.S. Bhatapara Gramin, District Balodabazar (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali, District Mungeli (C.G.) ... Respondent For Applicant : Shri Avishek Bharti, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.339/2025 registered at Police Station City Kotwali, District Mungeli (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(2), 3(5) of Bharatiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.06 16:19:28 +0530 2 2. Case of the prosecution, in brief, is that on 27.07.2025 at 8.00 pm, the complainant Ayush Ram Dilharan Sahu, along with his wife and 2-year- old daughter, locked the house and went to the District Hospital, Mungeli. On 27.07.2025, when he returned home after duty at around 8.15 am, he found that the lock of the room door was broken and the almirah inside the room was open. Some unknown thief had stolen Rs.24,50,000 kept in the almirah for house construction and the complainant's wife's gold necklace, chain, bangles, ring, earrings, jhumka, silver anklets, toe rings, bangles. On the complainant written report, the City Kotwali Police Station, Mungeli, registered a case against unknown persons under sections 331 (4), 305 (A) of the Indian Penal Code and took it up for investigation. During the investigation, CCTV cameras installed in the houses and locality around the incident spot were observed and on the basis of technical evidence, accused Vedprakash Sahu was taken into custody and interrogated. He confessed that he, along with a juvenile in conflict with law and his friends Manjeet and Sandeep, went from his village in accused Sandeep's car number CG 04 8365 to Prithvigreen Colony, Mungeli and broke the locks of 04 houses and committed theft. Thereafter the other culprits and present applicant were arrested and on the basis of memorandum the seizure was made. There after the charge sheet has been filed offence U/S 331(4), 305(A), 317(2), 3(5) BNS. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in the instant case. He would submit that the applicant has been implicated in the crime on the bass of memorandum statement and on mere suspicious and there is no material available against the applicant and no seizure has been 3 made from the applicant. He would submit that co-accused namely Bedprakash Sahu @ Bedu & Gulshan Sahu have been granted bail by this Court on 30/10/2025 in MCRC No.6886/2025. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 12/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicant has 12 criminal antecedents, out of which 2 cases are disposed of and 10 cases of similar nature are pending, as such he is a habitual offender, therefore he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the applicant has 12 criminal antecedents, out of which 2 cases are disposed of and 10 cases of similar nature are pending, as such he is a habitual offender, further he has misused the bail granted to him earlier 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 cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, therefore this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Sandeep Mahilange @ 4 Nanu involved in Crime No.339/2025 registered at Police Station City Kotwali, District Mungeli (C.G.) for the offence punishable under Sections 331(4), 305(A), 317(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri