1 CGHC010273042026 2026:CGHC:30955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6531 of 2026 Omprakash Agariya @ Chakde S/o Tulsiram Agariya Aged About 25 Years S/o Vill- Navapara Tenda P.S. Ghargoda District- Raigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through- Station House Officer (SHO) P.S. Ghargoda, District – Raigarh (C.G.) ... Non-applicant For Applicant(s) : Mr. Prashant Dansena, Advocate. For Respondent(s) : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 64/2026, registered at Police Station – Ghargoda, District – Raigarh (CG) for the offence punishable under Sections 331(4), 305(a) and 3(5) of the BNS. 2. The prosecution story in brief, is that on the night of 21.02.2026, the complainant, Sanjay Sharma, closed his business establishment, "Sanjay Maharaj Ration Shop," located at Gram Navapara Tenda, Police Station Gharghoda, and departed for Raigarh. Upon returning on the morning of 22.02.2026, the complainant discovered that the latch of the back door had been broken and daily-use consumer goods, including soap, oil, cream, paste, hair oil, shampoo, facewash, CFL bulbs, and tiffin boxes, with an approximate cumulative value of Rs. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 15,000/-, had been stolen. Based on these allegations, an FIR was registered at Police Station concerned against unknown persons. The police subsequently arrested the applicant, Omprakash alias Chakde, recorded Agariya his 24.02.2026, on memorandum statement in police custody, and allegedly recovered the stolen daily-use household items. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the charge-sheet has been filed in the present case and there are a total of 5 criminal antecedents of the applicant which have been mentioned in the bail application. The applicant is in jail since 24.02.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. It is further submitted that the applicant is beside the 5 criminal cases mentioned in the bail application, there are 3 more criminal cases registered against the applicant and no plausible explanation has been given for the same, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant has a total of 8 criminal antecedents and no plausible explanation has been given for the same, which shows that applicant is 3 a habitual offender and he has misused the bail granted to him earlier, and also in light of the judgment rendered by the 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 is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant- Omprakash Agariya @ Chakde, involved in Crime No. 64/2026, registered at Police Station – Ghargoda, District – Raigarh (CG) for the offence punishable under Sections 331(4), 305(a) and 3(5) of the BNS, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar