1 2026:CGHC:7658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10059 of 2025 Omprakash Sahu S/o Ramjiyavan Sahu Aged About 20 Years R/o Gulab Nagar, Gudhiyari, P.S.- Gudhiyari, District - Raipur (C.G.) ---Applicant versus State Of Chhattisgarh Through Sho, P.S. Gudhiyari, Raipur (C.G.) ---Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as the applicant has been arrested in connection with Crime No. 219/2025, registered at Police Station : Gudhiyari District – Raipur (C.G.) for the offence punishable under Sections 331(4), 305(A), r/w 3(5) of the BNS. 2. The prosecution story on 21.05.2025 to the police of police station- Gudhiyari, that on 15.04.2025 when he had gone to attend a wedding VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.12 14:43:04 +0530 2 then on 21.04.2025 he was informed that his house's lock is broken, then on 22.04.2025 when he came back then found that, someone has broken into his house and has stolen Gold & Silver coins and silver ornaments, & Cash Rs. 5,000/- i.e., total worth Rs. 50,000/- hence the FIR was lodged against unknown person. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the aforesaid case. He further submits that the applicant has no role in the commission of the alleged offence and that there is no legal material or evidence on record to constitute the offence alleged by the prosecution. It is further submitted that at the time of the incident he was not present in Raipur and was in Uttar Pradesh, and upon his return he was called to the police station and illegally detained, against which his mother lodged a complaint; thereafter, out of spite, he has been falsely implicated in Crime No. 219/2025. The applicant submits that no seizure has been made from him to connect him with the present crime, and the alleged seizure of gold ornaments was in fact forcefully taken from his mother and wrongly shown in this case. It is also submitted that merely because some cases are registered against him in the same police station, he has been falsely implicated in the present matter. The investigating agency has already filed the charge-sheet and, therefore, his further judicial custody is not required. The applicant is about 20 years of age, is in custody since 21.05.2025, therefore, learned counsel prays for grant of regular bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that the accused persons committed theft by breaking the lock of the 3 house and cupboard situated at Diksha Nagar and stole gold and silver articles along with cash. During the course of investigation, the co-accused, in their memorandum statements, disclosed the involvement of the present applicant and stated that the stolen property was distributed among them, pursuant to which silver coins, gold leaves and a pair of gold tops were recovered from the possession of the applicant. It is further submitted that the applicant has six criminal antecedents since 2019 involving serious offences under the IPC and the Arms Act, which prima facie indicates that he is a habitual offender. Considering the nature and gravity of the offence, the recovery made from the applicant, and his past criminal record, the State strongly opposes the bail application and prays for its rejection. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is alleged that the accused persons committed theft by breaking the lock of the house and cupboard situated at Diksha Nagar and stole gold and silver articles along with cash. During the course of investigation, the co-accused persons, in their memorandum statements, disclosed the involvement of the present applicant in the commission of the offence and stated that the stolen articles were divided among themselves, and on the basis of such memorandum, stolen articles including silver coins, gold leaves and a pair of gold tops were recovered from the possession of the applicant/accused. From the record, it further appears that the applicant/accused has criminal antecedents and 4 several criminal cases have been registered against him in the past, including offences under the Arms Act and serious offences under the IPC such as Sections 307, 379, 457, 380, 294, 323, 506 and 327 IPC in different crime numbers of Police Station Gudhiyari and Khamtarai, Raipur, and the continuous registration of such cases from the year 2019 onwards prima facie indicates that the applicant is a habitual offender. Considering the nature and gravity of the allegations, the manner in which the offence was allegedly committed, the recovery of stolen articles from the possession of the applicant, and his previous criminal antecedents, this Court is not inclined to grant bail to the applicant at this stage; accordingly, the bail application filed by the applicant stands rejected. 7. Accordingly, the bail application of the applicant – Omprakash Sahu involved in Crime No. 219/2025, registered at Police Station : Gudhiyari District – Raipur (C.G.) for the offence punishable under Sections 331(4), 305(A), r/w 3(5) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Vaibhav