1 2026:CGHC:12136 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1274 of 2026 Amit @ Aman Kotangale, Aged About 42 Years S/o Late Neelkanth Kotangale, R/o Amanaka Kukurbeda, P.S. Amanaka, District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station G.R.P., Raipur, District Raipur C.G. ... Respondent For Applicant : Shri B.L. Sahu, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/03/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.129/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.16 12:25:26 +0530 2 G.R.P., Raipur, District Raipur C.G. for the offence punishable under Sections 305(C), 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that complainant, Rohit Pal, reported at GRP Police Station that on 19.08.2025 he was traveling in Train No. 12808 Samta Express, Coach B-5, Seat No. 72, from Hazrat Nizamuddin to Rayagada. While he was sleeping during the journey, his bag was stolen. On 20.08.2025 at about 06:20 AM, when the train stopped at Raipur Platform No. 3, he noticed that his bag was missing. The bag contained a Redmi mobile phone, SIM card, ATM cards of Bank of Baroda and Union Bank of India, Aadhaar card, Delhi Metro card, company ID card, tools bag with tools, charger, and other essential items. He informed the TTE and also lodged a complaint on railway helpline number 139. Later, on the advice of the RPF team, he lodged an FIR at GRP Rayagada. Based on his report, Crime No. 129/2025 was registered at RPF Police Station Raipur under Section 305(c) of the Bharatiya Nyaya Sanhita against an unknown accused. During investigation, the applicant/accused and co-accused Mohammad Hussain were detained and, during interrogation, confessed to stealing mobile phones and wallets at railway stations. The accused was arrested and has been in judicial custody since 21.12.2025. 3. Learned counsel for the applicant submits that the applicant is innocent person and has been falsely implicated in this case. He would submit that police has not seized any said article from the 3 applicant and he has not committed theft of the seized article and only on the basis of memorandum statement, the applicant has been arrested by the police. He would submit that charge sheet has been filed, the applicant is in jail since 21/12/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that on 05/02/2026 learned counsel for the applicant was granted time to explain the five criminal antecedents to which learned counsel for the applicant states that he is unable to the explain the five criminal antecedents of the applicant as his local counsel is unable to give him instructions. 5. I have heard learned counsel for the parties and perused the case diary. 6. Inspite of the time granted to learned counsel for the applicant to explain the five criminal antecedents of the applicant vide order dated 05/02/2026 the same has not been explained and it is stated that applicant’s local counsel is unable to give him instructions. 7. In view of the same, also considering the nature of allegation against the applicant, further the fact that applicant has five criminal antecedents, as such he is a habitual offender and 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, therefore this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of applicant Amit @ Aman Kotangale involved in Crime No.129/2025 registered at Police Station G.R.P., Raipur, District Raipur C.G. for the offence punishable under Sections 305(C), 3(5) of B.N.S., is rejected. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri