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2026 DAILYLAW 1833 (CHH)

SHIVA SINGH NETAM v. STATE OF CHHATTISGARH

MCRC/1465/2026 · 2026-03-15

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Judgment text

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1 2026:CGHC:12523 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1465 of 2026 • Shiva Singh Netam S/o Santosh Singh Aged About 28 Years Resident of Village- Chandaniyakala Kolwali, Shahdol Tahsil Sohagapsur District- Shahdol (M.P.) ... Applicant(s) versus • State of Chhattisgarh Through- The Station House Officer Police Of Police Station Bhatgaon District- Surajpur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ramsajivan, Advocate For Respondent(s) : Ms. Samiksha Gupta, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/03/2026 1. This is 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.136/2024 registered at Police Station - Bhatgaon, District - Surajpur (C.G.), for the offence punishable under Sections 331, 305, 3(5), 111(2), 317(2) of Bhartiya Nyay Sanhita for short BNS, 2023. 2. Case of the prosecution, in brief, is that, the allegation levelled against the present applicant is that he has stolen the golden and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.17 16:46:16 +0530 2 silver ornament from the house of complainant worth of Rs.40,000/-, therefore crime as mentioned has been registered against the applicant and filed the charge-sheet before the concerned Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It has been argued by learned counsel for the applicant that applicant has neither committed nor participated in any such act. The applicant is in jail since 17.09.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned Panel Lawyer, appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is a residence of the State of Madhya Pradesh and he has twelve criminal antecedents, out of which ten cases are pending for their conclusion, and all are mentioned in the affidavit filed by the learned counsel for the applicant, it appears that he is a habitual offender. As such, 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, submissions made by learned counsel for the parties, allegation levelled against the applicant and also keeping in view that applicant is having twelve criminal antecedents, out of which ten cases are still pending for their conclusion, it appears that he is a habitual offender and he has misused the liberty granted to him earlier, therefore, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 3 7. Accordingly, the bail application of the applicant – Shiva Singh Netam, involved in Crime No.136/2024 registered at Police Station - Bhatgaon, District - Surajpur (C.G.), for the offence punishable under Sections 331, 305, 3(5), 111(2), 317(2) of Bhartiya Nyay Sanhita for short BNS, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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