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2026 DAILYLAW 15356 (CHH)

DUDHNATH MIRI v. STATE OF CHHATTISGARH

MCRC/319/2026 · 2026-01-11

body2026

Judgment text

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1 2026:CGHC:1757 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 319 of 2026 • Dudhnath Miri S/o Pusram Miri Aged About 30 Years R/o Bade Padmuda, P.S. Malkharoda, Distt. Sakti, Chhattisgarh. ... Applicnat versus • State of Chhattisgarh Through The Station House Officer, P.S. Jaijaipur, Distt. Sakti, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ishwar Jaiswal, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/01/2026 1. This is Second 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.94/2025 registered at Police Station- Jaijaipur, District - Sakti (C.G.), for the offence punishable under Sections 303 & 305(A) of Bhartiya Nyay Sanhita in short BNS, 2023. 2. The first bail application filed by the applicant was rejected by this Court vide order dated 29.07.2025 in MCRC No.5923 of 2025. 3. The prosecution story in brief, is that the complainant lodged FIR and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.14 11:31:42 +0530 2 stated that on 05.05.2025 in this vacant house unknown person stolen the gold and silver ornaments and cash of Rs. 90,000/-, on the basis of said report, applicant was arrested on 15.05.2025, hence, this bail application. 4. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court being MCRC No.5923/2025, vide order dated 29.07.2025 on merits. He also submits that out of nine prosecution witnesses only four prosecution witnesses have been examine. He further submits that applicant has eight previous criminal antecedents, out of which only five cases are pending four their conclusion. The applicant is in jail since 15.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the earlier bail application of the applicant has already been rejected by this Court being MCRC No. 5923/2025, vide order dated 29.07.2025 on merits and applicant is having five criminal antecedents, and all are still pending, it appears that applicant is a habitual offender. Hence, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the fact and circumstances of the case that the earlier bail application of the applicant was rejected by this Court being MCRC No.5923/2025, vide order dated 29.07.2025 on merit, and applicant is having five criminal antecedents, and all are still pending, it appears that applicant is a habitual offender and further 3 there appears to be no new ground thus this Court is of the view that it is not a fit case to release the applicant on bail. 8. Accordingly, the bail application of the applicant namely Dudhnath Miri, involved in Crime No.94/2025 registered at Police Station- Jaijaipur, District - Sakti (C.G.), for the offence punishable under Sections 303 & 305(A) of Bhartiya Nyay Sanhita in short BNS, 2023, is rejected at this stage. 9. However, this Court hopes and trusts that the trial Court shall make earnest endeavor to conclude the trial expeditiously, preferably within a period of four months from the date of passing of this order, if there is no legal impediment. 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 vaishali