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2026 DAILYLAW 3272 (CHH)

KHIR SINDHU NAYAK v. STATE OF CHHATTISGARH

MCRC/632/2026 · 2026-03-12

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Judgment text

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1 2026:CGHC:12138 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 632 of 2026 Khir Sindhu Nayak S/o Shatrughan Nayak , Aged About 24 Years R/o B.S.U.P. Colony, Near Bijali Office Mathpuraina P.S. Tikrapara, District- Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Aazad Chowk, Raipur, District – Raipur (C.G.) ... Respondent(s) For Applicant : None. For Respondent : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.03.2026 1. None appears nor is any representation made on behalf of the applicant to contest the matter on repeated calls, thus, this Court proceeds to hear the matter finally with the assistance of learned State counsel. 2. 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. 304/2025, registered at Police Station Aazad Chowk, Raipur, District – Raipur (CG) for the offence punishable under Sections 119(1), 296, 351(2) and 115(2) of BNS. 3. The prosecution story in brief, is that the complainant has made complaint before the concerned Police Station that on the date of incident there was a dispute in between the parties regarding RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 demanding money for consuming liquor and thereafter, the accused persons have assaulted upon the injured person by hand and fist and resultant the injured person received simple injuries. On the basis of the said complaint, the crime was registered by the Police and applicant was arrested. Hence, this application. 4. Learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits the applicant has a total of 9 criminal antecedents, and twice the time has already been granted to the applicant but till date no plausible explanation of status has been given for the same, which shows that he is a habitual offender and he has misused the bail granted to him earlier, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned State counsel and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant has a total of 9 criminal antecedents, and twice the time has already been granted to the applicant but till date no plausible explanation of status has been given for the same, which shows that 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. 3 7. Accordingly, the bail application of applicant- Khir Sindhu Nayak, involved in Crime No. 304/2025, registered at Police Station Aazad Chowk, Raipur, District – Raipur (CG) for the offence punishable under Sections 119(1), 296, 351(2) and 115(2) of BNS, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. 9. After passing of this order, Mr. Bharat Lal Sahu, learned counsel for the applicant appears and submits that his presence may be marked, and he has not received any instruction for explaining the criminal antecedents of the applicant. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar