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2026 DAILYLAW 38446 (CHH)

MANJIT PURALE v. STATE OF CHHATTISGARH

MCRC/8960/2026 · 2026-10-07

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010368292026 2026:CGHC:43695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8960 of 2026 Manjit Purale S/o Khoman Purale Aged About 30 Years R/o Village Deori, P.S. Mungeli, Distt. Mungeli (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Chowki Podi, P.S. Bodla, District- Kabirdham (C.G.) ... Non-Applicant(s) For Applicant : Mr. Devesh Chandra Verma, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Rakesh Mohan Pandey, Judge Order on Board 08/10/2026 1. The applicant has preferred this bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 81/2026, registered at Police Station Bodla, District Kabirdham (C.G.), for the offences punishable under Sections 305(A) and 331(4) of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant lodged a report before the concerned police station alleging therein that during the intervening night of 04.07.2026 and 05.07.2026, the lock of the temple was found broken and the silver Trikund of Baba Mahadev weighing KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 about 13 tolas, valued at approximately Rs.25,000/-, and the silver crown of Gauri Mata weighing about 7 tolas, valued at approximately Rs.10,000/-, in all worth about Rs.35,000/-, were found stolen by an unknown person. During investigation, based on the memorandum statement of co-accused, the present applicant was implicated in the offence and the aforesaid offence was registered against him along with other accused. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that neither any stolen article nor the silver crown has been seized from the applicant and he has been implicated only on the basis of the memorandum statement of co-accused. It is further submitted that the charge-sheet has already been filed before the competent Court and the applicant is in custody since 11.07.2026. So far as the criminal antecedents of the applicant are concerned, he has three criminal antecedents, out of which two cases, both relating to theft, have resulted in acquittal, whereas one case of similar nature registered in the year 2026 is pending, as disclosed in Part-D of the bail application. It is further submitted that the conclusion of the trial is likely to take some time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that though no seizure has been made from the present applicant, however, looking to his criminal antecedents, wherein two cases have resulted in acquittal and one case of similar nature registered in the year 2026 is still pending, the applicant appears to be a habitual offender and is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Having considered the facts and circumstances of the case, nature and gravity of the offence alleged against the applicant and more particularly, his criminal antecedents as disclosed in Part-D of the bail application, this Court finds that the applicant has three criminal antecedents, out of which two cases relating to theft have resulted in acquittal, whereas one case of similar nature registered in the year 2026 is still pending. Thus, the applicant has repeatedly been involved in offences of similar nature 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. Accordingly, the bail application of the applicant, filed under Section 483 of the BNSS, involved in Crime No. 81/2026, registered at Police Station Bodla, District Kabirdham (C.G.), for the offences punishable under Sections 305(A) and 331(4) of the Bharatiya Nyaya Sanhita, 2023., is rejected. - S/- Sd/- (Rakesh Mohan Pandey) Judge Kunal