1 2026:CGHC:26321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5632 of 2026 Akash Kurrey S/o Bhure Lal Kurrey Aged About 18 Years R/o Village- Kotiya, Police Station- Nawagarh, District Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Nawagarh, District Janjgir- Champa (C.G.) ... Non-applicant For Applicant : Mr. Chandra Prakash Lahrey, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29.06.2026 1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. for grant of regular bail, as he has been arrested in connection with Crime No. 23/2025, registered at Police Station Nawagarh, District – Janjgir-Champa (C.G) for the offence punishable under Sections 309(4), 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the FIR lodged at Police Station Navagarh, District Janjgir- Champa, the complainant, Sunil Kumar Singh (Security Guard of the District Co-operative Bank, Navagarh), submitted a written report on 14.01.2025 alleging that the applicant, along with another person, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.06.30 11:04:37 +0530 2 entered the bank premises during the night between 2:20 A.M. and 3:00 A.M., looted the bank keys and mobile phone, and thereafter took them hostage. On the basis of the memorandum statements of a juvenile and Akash Kurrey, the police registered an offence under Sections 309(4), 303(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the applicant and arrested him on 03.02.2025 in connection with Crime No. 23/2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the applicant is innocent and, due to these false allegations, he is suffering unnecessary hardship, as the complainant neither witnessed the incident nor is there any eyewitness to the alleged occurrence. He also submits that the applicant has been falsely implicated on account of previous enmity, and therefore a false FIR has been lodged against him. He also submits that no recovery whatsoever has been made from the possession of the applicant in connection with the present crime. Prima facie, no offence under Sections 309(4), 303(2), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 is made out against the applicant. He further submits that the present applicant has been in jail since 03.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel appearing for the State/non-applicant opposed the bail application and submitted that, in the present case, the charge-sheet has already been filed before the competent Court. She further submitted that the present applicant has 06 criminal antecedents under the IPC, out of which he has been convicted by the concerned trial Court in 03 cases, while the remaining three cases 3 are still pending, shows that the present applicant is a habitual offender and, therefore, is not entitled to the grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case also considering the fact that the present applicant has 06 criminal antecedents under the IPC, out of which he has been convicted by the concerned trial Court in 03 cases, while the remaining three cases are still pending, which shows that the present applicant is a habitual offender and also in light of the judgment rendered by the Hon’ble 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 it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Akash Kurrey, involved in Crime No. 23/2025, registered at Police Station Nawagarh, District – Janjgir-Champa (C.G) for the offence punishable under Sections 309(4), 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 Abhishek