1 2026:CGHC:2037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 386 of 2026 Arpit Mishra S/o Narayan Mishra Aged About 21 Years Occupation Private Work R/o Subhash Nagar, Housing Board Colony, Maharajpur, P.S. Adhartal, District Jabalpur, M.P. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Parpodi, Bemetara, District - Bemetara, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ankit Vishwakarma, Advocate (through video- conferencing) and Mr. Pushp Kumar Gupta, Advocate. For Non-applicant/State : Mr. Vinod Kumar Tekam, Government Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 13.01.2026 1. This is the Second 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. 08/2025 registered at Police Station - Parpodi, District - Bemetara (C.G.), for the offence punishable under Sections 318(4), 111 of Bharatiya Nyaya Sanhita, 2023 and Section 66(?k) of Information and Technology Act. 2. Earlier bail application of the applicant was rejected by this Court vide order dated 29.05.2025 passed in MCRC No. 4150/2025 on merits. 3. The prosecution case, in brief, is that the complainant, Yamini Tamrakar, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.14 18:09:07 +0530 2 filed a written complaint before Police Station Parpodi, District Bemetara (C.G.), stating that the applicant, along with other co-accused persons, made a WhatsApp call on 22.01.2025 at about 10:00 a.m. and used obscene and illegal language. Thereafter, an FIR was registered, and the accused persons allegedly threatened the complainant by showing fear of law and arrest, and demanded money in lieu of refraining from using such language and for getting the FIR, registered against the complainant, dismissed. Under fear of the law, the complainant transferred money to various UPI accounts of the accused persons between 20.01.2025 and 31.01.2025, totaling an amount of Rs.9,11,999/-. Thus, the accused persons allegedly committed cheating and forgery and embezzled a huge amount from the complainant. On the basis of the written complaint, the police registered the above-mentioned crime number. During investigation, some of the accused persons were arrested, and the applicant was arrested on 09.02.2025 and made an accused on the basis of a memorandum statement. After completion of the investigation, the police of Police Station Parpodi filed a charge-sheet before the competent Court 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the though the first bail application was dismissed by this Court vide order 29.05.2025 passed in MCRC No. 4150/2025 on the ground that the applicant has 13 previous criminal antecedents. The new ground is that after the bail rejection of the applicant, some accused persons, namely, Aakssh Sahu and Sahil Barman have been granted bail by this Court vide order dated 06.05.2025 passed in MCRC No. 1937/2025. He further submits that out of 13 cases, he has been acquitted in one case. It is further submitted that the charge-sheet has been filed and the applicant is 3 in jail since 09.02.2025. Therefore, he prays that the applicant be enlarged on bail on the ground of parity. 5. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed. He further submits that the bail application of the applicant was rejected on the ground that the applicant has 13 previous criminal antecedents, as on date, the said criminal antecedents have not been disposed of and are still pending, as mentioned in paragraph No. 4-A, as such he is a habitual offender. Hence, he is not entitled to be released on bail. 6. I have heard learned counsel for the parties and perused the document available on record. 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations made against the applicant, and the fact that this is the second bail application filed by the applicant, it is noted that the first bail application was dismissed by this Court vide order dated 29.05.2025 passed in MCRC No. 4150/2025 on the ground that the applicant has 13 previous criminal antecedents, as on date, the said criminal antecedents have not been disposed of and are still pending, as mentioned in paragraph No. 4-A, as such he 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 cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. this Court is of the view that the applicant is entitled to be released on bail. 8. Accordingly, the second bail application of the applicant - Arpit Mishra filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, 4 involved in Crime No. 08/2025 registered at Police Station - Parpodi, District - Bemetara (C.G.), for the offence punishable under Sections 318(4), 111 of Bharatiya Nyaya Sanhita, 2023 and Section 66(?k) of Information and Technology Act, is rejected. 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/-- Sd/- (Ramesh Sinha) Chief Justice Preeti