1 CGHC010321702026 2026:CGHC:37448 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7773 of 2026 1 - Sanjay Kurre, S/o Devprasad Kurre Aged About 32 Years R/o Village- Bagdabari, P.S.- Balauda Tahsil- Balauda, District- Janjgir- Champa (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S.- Koni, District- Bilaspur (C.G.) Respondent(s) For Applicant (s) : Mr. Rahul Singh, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2026 1. This is the first bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.119/2026, registered at Police Station Koni, District Bilaspur (C.G.) for the offence punishable under Sections 303 (2) & 3 (5) of BNS. Digitally signed by R NIRALA 2 2. The case of the prosecution, in brief, is that the complainant lodged a written report at the police station concerned alleging therein that the driver of the vehicle bearing registration no.CG10BS9548, namely Vikas Yadaw informed the complainant over the phone that due to mechanical failure he parked the vehicle in front of Jai Tata Motors, Sendri and slept in the vehicle at about 02:00 A.M. The driver wake up on 28.03.2026 at about 3:15 AM and found that the diesel tank cap was opened and approximately 270 liters of diesel had been stolen by unknown persons. On the basis of the said report, the police registered the offence and commenced investigation. During investigation, statements of the prosecution witnesses were recorded and the spot inspection was carried out. During the course of search for the absconding accused, information was received that in connection with Crime No. 368/2026 registered at Police Station Sirgitti, the accused persons, namely Amit Kumar Bhardwaj, Sanjay Kumar Kurre and Manishankar Kurre, were interrogated and in the memorandum statement, the accused admitted their guilt. On the basis of the said memorandum statements, the present accused was arrested in the instant crime number. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that only on the basis of suspicion and memorandum statement of other accused, the applicant was arrested, whereas the FIR was registered against some unknown 3 persons. He further submitted that the co-accused Manishankar Kurre has already been granted regular bail by this Court vide order dated 04.08.2026 in MCRC No.7075/2026, the applicant is in jail since 27.05.2026, charge sheet has already been filed and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be also released on regular bail. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that there are 7 criminal antecedents against the applicant, as such he is a habitual offender. Therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and further considering that there are 7 criminal antecedents against the applicant, which all are pending, as such he is a habitual offender and also for the reason that the co-accused Manishankar Kurre, who has been granted regular bail by this Court vide order dated 04.08.2026 in MCRC No.7075/2026, had only 3 criminal antecedents, therefore, without commenting anything on the merits of the case, I am not inclined to allow this application. 7. Accordingly, the bail application of the applicant Sanjay Kurre, involved in Crime No.119/2026, registered at Police Station Koni, 4 District Bilaspur (C.G.) for the offence punishable under Sections 303 (2) & 3 (5) of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Nirala