1 CGHC010199302026 2026:CGHC:28021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 782 of 2026 Hariom Joshi S/o Ganesh Prasad Joshi Aged About 24 Years R/o Housing Board Colony, Mangla, M.I.G.- 197, Police Station Civil Lines, District Bilaspur(C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District Bilaspur (C.G.) ...Non-applicant For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-applicant/State : Mr. Soumya Rai, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 42/2026, registered at Police Station : City Kotwali, District Bilaspur (C.G.) for the offence punishable under Section 303(2) of the BNS. 2. As per prosecution story, on 21-01-2026, the complainant namely Aman Singh Baghel had lodged oral complaint before the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.07 18:06:33 +0530 2 station alleging that on 20-01-2026 at about 11:30 PM he parked his vehicle motorcycle vehicle No. CG10 AZ 3038 (Engine No. U3S5F1LL637900, Chasis No.ME3U3S5F1LL763185) at his residence parking and went to sleep, next day morning when he woke up, he found that his Motorcycle Bullet is missing from the place. Based on the complaint, the police registered the crime against unknown person. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant was not present in District Bilaspur on the date of the alleged incident, as he had gone out of station for work and had no knowledge of the incident. It is further submitted that no incriminating article has been seized or recovered from the possession of the applicant. Learned counsel also submits that the applicant is ready to cooperate with the investigation. It is further submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding, and he is ready to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Court. Hence, it is prayed that the applicant be granted the benefit of anticipatory bail. 4. Learned State counsel opposed the anticipatory bail application and submitted that, as per the prosecution case, the complainant lodged an oral report stating that his Royal Enfield Classic 350 motorcycle was stolen from outside his house during the intervening night of 20/21.01.2026. On the basis of the said report, FIR No. 42/2026 was registered at Police Station City Kotwali for the offence punishable 3 under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 against unknown persons. Learned State counsel further submitted that the investigation has collected sufficient material indicating the involvement of the present applicant in the alleged offence. It is also submitted that the applicant has two criminal antecedents of a similar nature, namely Crime No. 633 of 2026 and Crime No. 625 of 2026, Crime No.264 of 2024 which are pending against him, clearly indicating that he is a habitual offender. Therefore, considering the nature and gravity of the allegations, the material collected during the investigation, and the applicant's criminal antecedents, the applicant is not entitled to the benefit of anticipatory bail and the present application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, the material collected during the investigation, and the case diary, this Court finds that prima facie material is available indicating the involvement of the applicant in the alleged theft of the motorcycle. This Court also takes note of the fact that the applicant has two criminal antecedents of a similar nature, namely Crime No. 633 of 2026 and Crime No. 625 of 2026, Crime No.264 of 2024 which are pending against him, indicating that he is a habitual offender. At this stage, custodial interrogation of the applicant cannot be ruled out. In view of the nature of the allegations, the material collected during the investigation, and the applicant's criminal antecedents, this Court is not inclined to extend the benefit of 4 anticipatory bail to the applicant. 7. Accordingly, the present anticipatory bail application is dismissed. 8. Accordingly, the bail application of the applicant – Hariom Joshi, involved in Crime No. 42/2026, registered at Police Station : City Kotwali, District Bilaspur (C.G.) for the offence punishable under Section 303(2) of the BNS, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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 vaibhav