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2026 DAILYLAW 27620 (CHH)

PRADIP BHOI v. STATE OF CHHATTISGARH

MCRCA/1128/2026 · 2026-07-16

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010269352026 2026:CGHC:30467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1128 of 2026 Pradip Bhoi S/o Kshayamanidhi Aged About 32 Years R/o Village Jhitiki, P.S. Paikmai Distirct Bargarh, (Oddisa) ...Applicant versus State Of Chhattisgarh Through- The Station House Officer, Out Post Kanakbira, Police Station Sarangarh, District Sarangarh, Bilaigarh C.G. ...Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 17.07.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.315/2025 registered at Police Station - Sarangarh, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.20 10:44:32 +0530 2 District - Sarangarh, Bilaigarh (C.G.) for the offences punishable under Sections 302(2), 317(2), 111(2) & 3(5) of the BNS. 2. As per the prosecution case, on 01.07.2025, the complainant, Lochan Prasad Patel, lodged a written complaint before the concerned Police Station alleging that his motorcycle had been stolen by unknown persons. During the course of investigation, the police traced the involvement of the present applicant and the other co-accused persons, and it is alleged that the stolen motorcycle was recovered from the house of the present applicant. On the basis of the material collected during the investigation and the recovery so effected, the police registered the offence under Sections 303(2), 317(2), 317(5), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the present applicant and the other co-accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant is ready to cooperate with the investigating agency as and when required. Learned counsel contends that no incriminating article has been seized from the conscious possession of the applicant and that his implication is without any cogent material. It is also submitted that the applicant has only one previous criminal case registered against him in the State of Odisha, which by itself cannot be a ground to deny him the benefit of bail. The applicant is a permanent resident of the 3 address mentioned in the cause title, possesses movable and immovable properties, and has deep roots in society; therefore, there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses if released on bail. The applicant further undertakes to abide by all the terms and conditions that may be imposed by this Hon'ble Court while granting bail. It is, therefore, prayed that the applicant be enlarged on regular bail. 4. On the other hand, learned State Counsel opposes the bail application and submits that the stolen motorcycle was recovered from the house of the present applicant during the course of investigation, which prima facie connects him with the alleged offence. It is further submitted that the applicant has one previous criminal antecedent. Considering the recovery effected from the applicant and his criminal antecedent, therefore, the present applicant is not entitled to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having heard learned counsel for the parties and upon perusal of the case diary and the material available on record, this Court finds that the stolen motorcycle was allegedly recovered from the house of the present applicant during the course of investigation, which prima facie connects him with the commission of the alleged offence. The applicant is also stated to have one previous 4 criminal antecedent. Considering the nature of the allegations, the recovery effected from the applicant, and his criminal antecedent, this Court is not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Pradip Bhoi, involved inCrime No.315/2025 registered at Police Station - Sarangarh, District - Sarangarh, Bilaigarh (C.G.) for the offences punishable under Sections 302(2), 317(2), 111(2) & 3(5) of the BNS, is rejected. Sd/- (Ravindra Kumar Agrawal) Judge vaibhav