1 CGHC010265182026 2026:CGHC:32000 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6530 of 2026 Mused Khan S/o Hanif Khan Aged About 22 Years R/o Village- Bamni Ps Jurhera District- Bharatpur (Rajasthan) ... Applicant versus State Of Chhattisgarh Through- P.S. Kawardha, District – Kabirdham (Chhattisgarh) ... Non-applicant For Applicant(s) : Mr. Vijay Shankar Mishra, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.07.2026 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. 20/2025, registered at Police Station – Kawardha, District – Kabirdham (CG) for the offence punishable under Sections 303(2) and 112 of the BNS. 2. The prosecution story in brief, is that the complainant, Vijay Patel, lodged a report at Kawardha Police Station on January 16, 2025, stating that his driver, Jayprakash Khande, informed him over the phone that on October 15, 2025, he had parked his sand-laden tipper truck, bearing registration number CG 09 AS 0443, in Transport Nagar, Kawardha, at 7:00 AM, and that the truck was now missing. Upon searching, the complainant and the driver could not locate the vehicle, and it was suspected that an unknown thief had stolen the said tipper RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 truck. Based on the complainant's report, a case was registered against an unknown accused and an investigation was initiated, during the investigation Police has arrested the applicant and recorded the memorandum statement as per memorandum statement registered the aforesaid offence against the applicant and other co-accused. 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 3 criminal antecedents of the applicant of similar nature which have been mentioned in the bail application. The applicant is in jail since 24.04.2025 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 beside the said 3 criminal cases mentioned in the bail application, there is one more criminal case of similar nature 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 and gravity of the offence, material available in the case dairy and the fact that the applicant has a total of 4 criminal antecedents of similar nature and no plausible explanation has been given for the same, which shows that 3 applicant is 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 – Mused Khan, involved in Crime No. 20/2025, registered at Police Station – Kawardha, District – Kabirdham (CG) for the offence punishable under Sections 303(2) and 112 of the BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. 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