Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:8805
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1616 of 2026 Dev Kumar Bhardwaj S/o Dujeram Bhardwaj Aged About 33 Years R/o Ward No. 07, Medhapali, Tahsil Dabhara, District Sakti Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Chakradhar Nagar, District Raigarh Chhattisgarh
... Respondent(s) For Applicant(s) : None For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2026
1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 357/2025 registered at Police Station- Chakradhar Nagar, District- Raigarh (C.G.) for the offence punishable under Section 303(2), 112 and 3(5) of the BNS. 2. As per the prosecution case, in brief, the complainant lodged a report at the concerned Police Station alleging that on the date of RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 the incident, unknown persons committed theft of his motorcycle from the parking place. On the basis of the said report, a crime was registered under Sections 303(2), 112 and 3(5) of the Bharatiya Nyaya Sanhita against unknown persons. During the course of investigation, the police, on the basis of the memorandum statement, arrested the present applicant and implicated him in the alleged offence. 3. Perusal of the bail application goes to show that the first bail application of the applicant was rejected on merits vide order dated 05.01.2026 passed in MCRC No. 8038/2026. The present second bail application has been preferred on the ground that the prosecution witnesses examined before the learned trial Court have not supported the case of the prosecution and have turned hostile. It is contended that the prosecution has concocted a false story and has falsely implicated the present applicant on baseless allegations. With regard to the criminal antecedents, it is submitted that the applicant has five other criminal cases registered against him apart from the present case, the details whereof have been mentioned in the afÏdavit filed along with the bail application. Lastly, it is submitted in the bail application that the applicant is in judicial custody since 23.09.2025 and the conclusion of trial is likely to take considerable time, therefore, prayer has been made to enlarge the applicant on bail. 4.
Learned State counsel, on the other hand, opposes the bail application and submits that the first bail application of the applicant was rejected on the ground that five previous criminal antecedents
3 were registered against him apart from the present case and, though opportunity was granted to explain the same, no satisfactory explanation was furnished. It is further submitted that even in the present second bail application, only the crime numbers of the criminal antecedents have been disclosed in the afÏdavit filed by the deponent, however, no explanation regarding the nature and present status of those cases has been provided. 5. I have heard learned counsel for the State and perused the case diary. 6. Considering the submissions advanced by learned counsel for the State and on perusal of the case diary as well as the record, this Court finds that the first bail application of the applicant was rejected on merits, taking into account his five criminal antecedents apart from the present case, for which no satisfactory explanation was furnished. In the present second bail application also, except mentioning the crime numbers in the afÏdavit, no explanation regarding the nature, stage or present status of the said cases has been brought on record. Merely on the ground that some prosecution witnesses have not supported the case, without there being any substantial change in circumstances, this Court is not inclined to take a different view. Considering the criminal antecedents of the applicant and in absence of any material change in circumstances, this Court does not find it to be a fit case to grant bail to the applicant. 7.
Accordingly, the second bail application of the applicant- Dev Kumar Bhardwaj filed under Section 483 of the BNSS for grant of
4 regular bail to the applicant who has been arrested in connection with Crime No. 357/2025 registered at Police Station- Chakradhar Nagar, District- Raigarh (C.G.) for the offence punishable under Section 303(2), 112 and 3(5) of the BNS, stands rejected at this stage. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. -
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Rahul Dewangan