1 CGHC010298052026 2026:CGHC:38909 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7041 of 2026 1 - Harsh Sidar @ Bittu S/o Santosh Sidar Aged About 19 Years R/o Village Sukhda, Police Station - Dabhra, District Sakti Chhattisgarh 2 - Gulshan Bareth S/o Lakhan Bareth Aged About 19 Years R/o Village Sukhda, Police Station - Dabhra, District Sakti Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Police Station Jaijaipur, District Sakti Chhattisgarh ... Non-Applicant For Applicant : Shri Dhirendra Prasad Mishra, Advocate. For Non-Applicant : Miss Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/09/2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No.127/2026 registered at Police Station Jaijaipur, District KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.03 11:11:30 +0530 2 Sakti (C.G.) for the offence under Sections 303 (2), 324 (3), 112, 3(5) of the BNS. 2. Case of the prosecution is that complainant Kartikram Chandra lives in village story, the Kanshigarh, Police Station Jaijaipur. He runs a utensils shop. On 10.05.2026 at around 06:30 pm he parked his vehicle in the street in front of his house by locking the door, he slept in the house after having dinner, he woke up at around 04:30 am in the morning and came to the street in front of the house, then he saw that the front glass and the glass of the driver and helper side of his vehicle Mahindra Pickup No. CG 11 AH 6313 parked in front of the house were broken, a brick was lying nearby, on looking inside the pickup, the iron jack and rod kept in it were not old and used, some unknown person broke the glass of his vehicle Mahindra Pickup No. CG 11 AH 6313 with a brick at night and damaged it and stole the iron jack and rod worth about Rs.10,000/- kept in it. On the report of the complainant, a crime was registered against the unknown person and after investigation, the applicants were arrested and charge sheet was filed. Hence the bail application. 3. It has been argued by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the crime. The present case is triable by the Judicial Magistrate First Class, and the maximum punishment which can be imposed to the applicants is up to 03 years. Therefore, considering the period of incarceration already undergone and the maximum sentence 3 prescribed, the applicants deserve to be enlarged on bail. The FIR was lodged against the unknown person and the present applicants have been arrested on the basis of suspicion. The chargesheet has not been filed till date and continuing incarceration would infringe the fundamental right of the present applicants. The applicants are in jail since 09.07.2026. Therefore, the applicants may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the other bail application preferred by the present applicants in Crime No.130/2026 registered at the same police station has already been rejected by this Court vide order dated 10.8.2026 passed in MCRC No.7261/2026. Moreover, the present applicants have 10 criminal antecedents registered against them under the same sections of the BNS and they appear to be habitual offender and charge sheet has already been submitted against the applicants. Therefore, the present bail application may also be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that charge sheet has already been submitted against the applicants, the other bail application preferred by the present applicants in Crime No.130/2026 registered at the same police station has already been rejected by this Court vide order dated 4 10.8.2026 passed in MCRC No.7261/2026 and that the present applicants have 10 criminal antecedents registered against them viz. Crime Nos.128/2026, 129/2026, 130/2026, 131/2026, 178/2026, 179/2026, 181/2026, 182/2026, 183/2026 & 184/2026 for offence under Sections 324 (3), 303 (2), 112, 3 (5) of the BNS, this Court is not inclined to release the applicants on bail. 7. Accordingly, the bail application of applicants – Harsh Sidar @ Bittu & Gulshan Bareth, involved in Crime No.127/2026 registered at Police Station Jaijaipur, District Sakti (C.G.) for the offence under Sections 303 (2), 324 (3), 112, 3(5) of the BNS, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Barve