1 CGHC010222272026 2026:CGHC:29030 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5183 of 2026 Sonu Sarthi Urf Chauhan S/o Ajay Chauhan, Aged About 21 Years R/o Kayaghat Butan Gali Thana-Jutmil, Tahsil And District Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station- Chakradharnagar, Raigarh District Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Nitesh Sahu, Advocate. For Non-Applicant/State : Mr. Nupur Trivedi, 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. 403/2025, registered at Police Station Chakradharnagar, District – Raigarh (C.G) for the offence punishable under Sections 331(4), 305A, 111, 238 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, the complainant, Divya Kishore Gupta, appeared before Police Station Chakradharnagar and lodged an oral report stating that he was posted as a Consultant in the office of the Chief Medical and Health Officer, Health Department, Chhattisgarh. He ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.07.13 11:47:23 +0530 2 used to travel from District Balrampur to his native village, Loing, every Saturday and Sunday. His wife is a teacher and resides with her mother and two children in Maa Nagar Colony, TV Tower Road. His brother, Prathamesh Gupta, and sister-in-law, Santoshni Gupta, reside in Village Loing. It is alleged that on 02.09.2025, Santoshni Gupta went to her parental home, while Prathamesh Gupta had gone to Bhubaneswar for medical treatment. On 06.09.2025 at about 3:00 PM, the complainant’s mother and sister went to Village Loing to participate in the Ashtapahari donation programme. Before leaving, the complainant’s mother kept her gold necklace, three pairs of gold earrings, ten silver coins, and two pairs of silver anklets in a cupboard and thereafter returned to Raigarh. It is further alleged that on 09.09.2025 at about 10:15 AM, the complainant accompanied his mother to Village Loing, where they found the door of the house and the cupboards open. Suspecting theft, the complainant’s mother checked the articles kept in the cupboard and discovered that an unknown person had stolen her gold necklace, three pairs of gold earrings, ten silver coins, and two pairs of silver anklets, having an estimated value of approximately Rs. 1,00,000/-. On the basis of the aforesaid oral report, Crime No. 403/2025 was registered at Police Station Chakradharnagar for the offences punishable under Sections 331(4) and 305A of the Bharatiya Nyaya Sanhita, and the matter was taken up for investigation. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submit that during the course of the investigation, the suspect/accused, Prem Sarathi, was interrogated, and he allegedly confessed to having committed the offence along with his accomplices, namely, Sonu Sarathi, Riten alias Khadru Sarathi, and Lokesh Chauhan. As the number of accused persons involved in the 3 case was more than one, the investigation was carried out accordingly. The applicant has neither committed nor participated in any act that may constitute the alleged offence. He also submits that apart from the above, the evidence collected by the prosecution is not, even prima facie, sufficient to hold the applicant guilty of the alleged offence. The present applicant has been implicated merely on the basis of the memorandum statement of a co-accused person, which is a weak piece of evidence. He submits that the applicant is languishing in jail since 06.10.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, 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. She further submits that the present applicant has 03 criminal antecedents of the similar nature, which shows that he is a habitual offender. Therefore, he 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 03 criminal antecedents of the similar nature, which shows that he 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 – Sonu Sarthi Urf Chauhan, involved in Crime No. 403/2025, registered at Police Station Chakradharnagar, District – Raigarh (C.G) 4 for the offence punishable under Sections 331(4), 305A, 111, 238 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