CGHC010214332026 2026:CGHC:28878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5257 of 2026 Kush Nirmalkar S/o Umesh Nermalkar Aged About 22 Years R/o Block No. - 15, House No. -1, Bsup Colony Jarvay Police Station Kabir Nagar District Raipur C.G. ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Kabir Nagar District Raipur C.G. ... Respondent For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.07.2026 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. 194/2025, registered at Police Station - Kabir Nagar District Raipur (C.G) for the offence punishable under Sections 140(3), 309(6), 3(5) of the BNS. 2. Case of the Prosecution in brief is that the complainant lodged the report before police station Kabir Nagar, District Raipur (C.G.) it is alleged that the applicant was looted from one Kuldeep Yadav with VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.10 17:30:28 +0530 common intention and in the aforesaid common intention, he used with the help of knife and looted the amount of Rs. 2000/- and same amount of Rs 2000/-transferred in his Account and the complainant Kuldeep Yadav of Venue Car bearing registration No.CG.04-ND-5577 and was objected the same on account of complainant. On the basis of such complaint lodged by the complainant the concerned police station Kabir Nagar registered the case in crime No. 194/2025 an offence for 140(3),309(6),3(5) of BNS 2023. 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 has no involvement in the alleged offence and has been arraigned as an accused merely on the basis of the memorandum statement of the co-accused, without there being any independent or cogent material connecting him with the crime. It is further submitted that no recovery of the alleged looted property or any incriminating article has been made from the possession of the applicant and the prosecution has failed to collect sufficient material to establish his involvement in the alleged assault and robbery. Learned counsel also submits that the ingredients of the offences punishable under Sections 140(3), 309(6) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 are not attracted against the applicant and that no prima facie case is made out against him. It is further submitted that the applicant has been in judicial custody since 06.10.2025, the charge-sheet has already been filed before the competent Court, and the conclusion of the trial is likely to take considerable time. On these grounds, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned State Counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. It is further submitted that the applicant has five criminal antecedents, including Crime No. 194 of 2025. Learned State Counsel contends that the applicant is a habitual offender and, therefore, does not deserve to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and also taking into account the fact that five cases are pending against the applicant, which clearly indicates that the applicant is a habitual offender, and further, in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, (2022) 8 SCC 559, wherein the Hon’ble Supreme Court cancelled the bail granted to the accused on the ground of having previous criminal antecedents, this Court is of the considered opinion that the present case does not warrant the grant of regular bail to the applicant. 7. 7. Accordingly, the bail application of the applicant – Kush Nirmalkar, involved in Crime No. 194/2025, registered at Police Station - Kabir Nagar District Raipur (C.G) for the offence punishable under Sections 140(3), 309(6), 3(5) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav