1 CGHC010308902026 2026:CGHC:36032 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7497 of 2026 1 - Harsh Sidar @ Bittu S/o Santosh Sidar, Aged About 19 Years 2 - Gulshan Bareth S/o Lakhan Bareth, Aged About 19 Years Both are Resident of Village - Sukhda, Police Station - Dabhra, District - Sakti (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Malkharauda, District - Sakti (C.G.) ... Respondent(s) For Applicant(s) : Mr. Dhirendra Prasad Mishra, Advocate For Respondent(s)/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking grant of regular bail to the applicants, who are in judicial custody in RUCHI YADAV Digitally signed by RUCHI YADAV 2 connection with Crime No. 181/2026 registered at Police Station Malkharauda, District Sakti (Chhattisgarh), for the offences punishable under Sections 303(2), 324(3), 112 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 11.05.2026, the complainant Mansharam Ratre lodged a report at Police Station Malkharoda stating that he runs a café-restaurant at Village Chhote Sipat. On 10.05.2026 at about 9:30 p.m., after closing his café, he went home. On the following morning, he found that the rear glass of his Toyota Glanza bearing registration No. CG-12-BG-9145, which was parked in front of the café, had been damaged and that a bag containing the vehicle documents and cash of Rs.10,000/- had been stolen from behind the driver's seat. On the basis of his report, Crime No. 181/2026 was registered against unknown persons for the offences punishable under Sections 303(2) and 324(3) of the BNS. During investigation, accused Harsh Sidar and Gulshan Bareth were apprehended and, pursuant to their memorandum statements, cash of Rs.1,000/- each and other articles, including a jack, diesel vibrator machine and stepney of the car, were allegedly seized from their respective possessions. Subsequently, Sections 112 and 3(5) of the BNS were also added. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. It is submitted that the FIR was initially registered against unknown persons and the applicants have been arrested merely on suspicion. The case is triable by the learned JMFC and the maximum punishment prescribed is up to three years. It is further submitted that the applicants have been in judicial custody since 23.06.2026, the charge- 3 sheet has not yet been filed, and the trial is likely to take considerable time. Accordingly, considering the period of custody already undergone, learned counsel prays that the applicants be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that the applicants are habitual offenders and have 11 criminal antecedents to their discredit. It is further submitted that their antecedents demonstrate their repeated involvement in criminal activities and, therefore, they do not deserve the indulgence of bail. Considering the nature of the allegations, their criminal antecedents and the material available on record, learned State counsel prays that the bail application be rejected. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Taking into consideration the submissions made by learned counsel for the parties, the nature of the allegations and the fact that the applicants have 11 criminal antecedents, this Court is not inclined to grant bail to the applicants. Their criminal antecedents are a relevant circumstance for consideration of the present bail application. Although the applicants have been in custody since 23.06.2026, considering their criminal antecedents and the material available on record, this Court is of the considered view that the applicants do not deserve to be enlarged on bail. 7. Accordingly, the bail application preferred by the applicants Harsh Sidar @ Bittu and Gulshan Bareth in connection with Crime No. 181/2026 registered at Police Station Malkharauda, District Sakti (Chhattisgarh), for the offences punishable under Sections 303(2), 4 324(3), 112 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, deserves to be and is hereby rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi