Extracted from the PDF above. The PDF is authoritative.
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CGHC010308632026
2026:CGHC:37559
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7505 of 2026 1 - Harsh Sidar @ Bittu S/o Santosh Sidar Aged About 19 Years Resident Of Village- Sukhda, Police Station- Dabhra, District- Sakti (C.G.) 2 - Gulshan Bareth S/o Lakhan Bareth Aged About 19 Years Resident Of Village- Sukhda, Police Station- Dabhra, District- Sakti (C.G.)
... Applicants versus State of Chhattisgarh Through Station House O*cer, Police Station- Malkharauda, District- Sakti (C.G.)
... Non-applicant For Applicants : Mr. Dhirendra Prasad Mishra, Advocate For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 21.08.2026
1. This is the 3rst bail application 3led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 182/2026 registered at Police Station- Malkharauda, District- Sakti, (C.G.) for the o:ence under Sections 303(2), 324(3), 112 and 3(5) of Bharatiya Nyaya Sanhita, 2023.
2. The case of the prosecution, in brief, is that the complainant, Rohit Kumar, submitted a written complaint at Police Station Malkharoda RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 stating that he is a resident of Village Kalmi and runs a shop in the name of Ratan Traders. On 10.05.2026 at about 07:00 p.m., he parked his Brezza car bearing registration No. CG-11-BK-7082 in front of his shop and went home. On the following day, i.e., 11.05.2026 at about 05:00 a.m., he noticed that the glass of his car had been broken and that an unknown person had stolen the jack kept inside the car, valued at approximately Rs. 8,000/-. On the basis of his written complaint, Crime No. 182/2026 was registered at Police Station Malkharoda against unknown persons for the o:ences punishable under Sections 303(2), 324(3), 112 and 3(5) of the BNS. During investigation, it was revealed that accused Harsh Sidar, who had been arrested in Crime No. 181/2026 of Police Station Malkharoda for the o:ences punishable under Sections 303(2) and 324(3) of the BNS, disclosed in his memorandum statement that the applicants, namely, Harsh Sidar and Gulshan Bareth along with co-accused, Prakash Chandra @ Bittu and Ashish Sagar, had committed the theft of a jack from a Baleno car at Village Kalmi. Pursuant to the said disclosure, the stolen jack was seized from the possession of accused Harsh Sidar. Hence, the present bail application.
3.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is further submitted that the FIR was initially registered against unknown persons and the applicants have subsequently been implicated merely on the basis of suspicion. He further submits that the case is triable by the learned Judicial Magistrate First Class and
3 the maximum punishment prescribed for the alleged o:ences is up to three years; therefore, considering the period of incarceration already undergone, continued detention of the applicants is not warranted. It is fairly submitted that the applicants have a total of 11 criminal antecedents, including the present case, however, bail applications in 9 of those cases have already been rejected by this Court. It is further submitted that the applicant is in jail since 29.06.2026, no further custodial interrogation is required, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel has vehemently opposed the bail application and submitted that the applicants are involved in the commission of the alleged o:ence and that there is su*cient material collected during investigation connecting them with the crime. It is further submitted that the applicants have as many as 11 criminal antecedents, including the present case, and several of the antecedents are of similar nature, which reFects their repeated involvement in o:ences against property. Therefore, considering the overall facts and circumstances of the case and the antecedents of the applicants, it is prayed that the present bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, the material collected during investigation and the submissions advanced by learned counsel for
4 the parties, and further the fact that the applicants have been implicated in connection with the theft of a jack from a vehicle parked at Village Kalmi, and during investigation the stolen property was allegedly recovered pursuant to the disclosure statement of co- accused Harsh Sidar.
Further considering that the applicants have a total of 11 criminal antecedents, including the present case, several of which are of similar nature, out of which 9 cases have already been rejected by this Court, which shows that the present applicants are habitual o:ender. Having regard to the criminal antecedents of the applicants, the nature of the allegations and the material available against them, this Court is of the opinion that it is not a 3t case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicants – Harsh Sidar @ Bittu and Gulshan Bareth, involved in Crime No. 182/2026 registered at Police Station- Malkharauda, District- Sakti, (C.G.) for the o:ence under Sections 303(2), 324(3), 112 and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. O*ce is directed to send a certi3ed copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Rahul Dewangan