1 CGHC010321682026 2026:CGHC:37414 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7756 of 2026 Sanjay Kurre S/o Devprasad Kurre Aged About 32 Years R/o Village- Bagdabari, P.S.- Balauda Tahsil-Balauda, District : Janjgir-Champa, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House O3cer, P.S.- Koni, District : Bilaspur, Chhattisgarh ... Respondent For Applicant : Mr. Rahul Singh, Advocate. For Respondent : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.08.2026 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. 264/2026, registered at Police Station - Koni, District : Bilaspur (CG) for the o=ence punishable under Sections 309(4), 3(5) of BNS. 2. The prosecution story in brief, is that on 27.05.2026, the complainant, Priyanshu Sahu lodged a report stating that his driver, Jitendra Kumar, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.21 11:13:54 +0530 2 had parked Trailer No. CG-10-BL-8136 on the roadside near Sendri Jai Automobile on National Highway after it broke down and was sleeping inside the vehicle. At about 3:30 a.m. on 24.04.2026, he heard the sound of the diesel tank being broken and found four unknown persons stealing diesel from the vehicle. When the driver objected, one of them allegedly showed a country-made pistol, whereafter the four persons took away the diesel and Bed from the spot. On the basis of the report, the o=ence was registered and investigation was taken up. During investigation, the police arrested the accused persons, including the applicant, Sanjay Kumar Kurre, who allegedly made a memorandum statement admitting their involvement in the o=ence. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent, only on the basis of memorandum statement of co-accused present applicant has been falsely implicated in this case. He further submit that co-accused, Manishankar Kurre has already been granted bail by this Court vide order dated 04.08.2026 in MCRC No.7071 of 2026. The applicant is in jail since 27.05.2026, so far as the criminal antecedents of the applicant are concerned, the applicant has total seven criminal antecedents of the year 2021, 2024, 2025 and 2026 under the IPC/BNS, which are pending, further 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 already been Dled before the competent Court. He further submits that the applicant is alleged to be one of the four persons who, in furtherance of their common intention, broke open the diesel tank of the complainant’s trailer, forcibly took away the diesel after threatening the driver with a country-made pistol, and Bed 3 from the spot. He further submits that the applicant has a total of 08 criminal antecedents pertaining to the years 2021, 2024, 2025, and 2026 under the IPC/BNS. In one of the aforesaid cases, the applicant had preferred a bail application bearing MCRC No. 7677 of 2026, which was rejected by this Court yesterday, i.e., on 19.08.2026. It is, therefore, submitted that the aforesaid criminal antecedents demonstrate that the applicant is a habitual o=ender and is not entitled to the beneDt 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 o=ence, material available in the case dairy and the fact that the applicant is alleged to have one of the four persons involved in the theft of diesel from Trailer No. CG-10-BL-8136, the applicant and co-accused persons broke the diesel tank of the trailer at about 3:30 a.m. and, when the driver objected, threatened him by showing a country-made pistol and thereafter Bed from the spot after taking away diesel, the applicant was arrested on the basis of memorandum statement of co-accused, though bail application of one of the co-accused, persons, namely, Manishankar Kurre has already been allowed by this Court vide order dated 04.08.2026 in MCRC No.7071, but considering the fact that the said co-accused has three criminal antecedents, whereas present applicant has 08 criminal antecedents of the year 2021, 2024, 2025 and 2026 under the IPC/BNS, out of which, against one case bearing Case Crime No.368/2026, the applicant has preferred bail application bearing MCRC No.7677 of 2026, which has been rejected by this Court vide order dated 19.08.2026 in MCRC No.7677 of 2026, the criminal antecedents of the applicant shows that the applicant is a habitual o=ender and has misused the liberty to bail granted to him earlier, also in 4 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 Dt case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant - Sanjay Kurre, involved in Crime No. 264/2026, registered at Police Station Koni, District : Bilaspur (CG) for the o=ence punishable under Sections 309(4), 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. O3ce is directed to send a certiDed copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Abhishek