1 2026:CGHC:1190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 119 of 2026 Guptaji Parthi S/o Shri Koyal Parthi Aged About 33 Years R/o Kutkipura, P.S. Gunga District- Bhopal (M.P.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station Pithora, District – Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : Ms. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 237/2024, registered at Police Station Pithora, District – Mahasamund (CG) for the offence punishable under Sections 305(A) and 3(5) of the BNS. 2. The prosecution story in brief, is that the complainant Jishan Ahmad had lodged a written report in Police Station concerned that on 15.12.2024 some unknown thieves had stolen the gold and silver ornaments, cash, titan watch by breaking the lock of the house. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the charge-sheet has been filed in the present case. The applicant is in jail since 01.01.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is said to have committed the crime of theft and the recovery of ornaments have already been made from him, and he has a total of 12 criminal antecedents including the present one and no plausible explanation has been given for the same, therefore, the applicant 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 & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant is said to have committed the crime of theft and the recovery of ornaments have already been made from him, and he has a total of 12 criminal antecedents including the present one and no plausible explanation has been given for the same, which shows that applicant is a habitual offender and he has misused the bail granted to him earlier, 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. 3 7. Accordingly, the bail application of applicant- Guptaji Parthi, involved in Crime No. 237/2024, registered at Police Station Pithora, District – Mahasamund (CG) for the offence punishable under Sections 305(A) and 3(5) of the BNS, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar