1 2026:CGHC:16150 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 853 of 2026 • Kanhaiya Lal Palasiya S/o Gurujeeva Palasiya Aged About 42 Years Resident Of Bagoli, Post- Narwali, Police Station- Tanda, District- Dhar (M.P.) ... Applicant(s) versus • State Of Chhattisgarh Through- Station House Officer, Police Station- Jutmill, District- Raigarh (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant : Mr. Ashish Gupta, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 08.04.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No.264/2025 registered at Police Station – Jutmil, District – Raigarh (C.G.) for the offence punishable under Sections 331(4), 305(A) of BNS, 2023. 2. Case of the prosecution, in brief, is that the complainant Nitin Agrawal lodged report at Police Station, Jutmill, alleging therein that on 29.07.2025 the complainant along with his sister-in-law VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.09 18:02:58 +0530 2 Rupa Agrawal went to his native Village Kharsiya and his brother Sachin Agrawal went to Devghar Baba Dham. On 31.07.2025 at about 10.30 AM, his brother returned from Devghar Baba Dham and found that the doof of house situated at Radhika Residency, Raigarh is broken and the household articles are lying there and the ornaments as well as gold biscuits are missing from Almirah. On the basis of said report, the FIR was registered against unknown person and during course of investigation, the applicant has been arrested on 10.11.2025. 3. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the present case. It is further contended that applicant has not stolen the gold biscuit and ornaments from the house of complainant. Further applicant has five criminal antecedents, for which no explanation has been given by family members of the applicant. He further submits that charg-sheet has already been filed in the present case and applicant is in jail since 10.11.2025, and trial may take some time for it’s conclusion, therefor he prays for bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail and submits that applicant is a resident of the State of Madhya Pradesh and he has five criminal antecedents in which three cases bearing crime No.304 of 2025 for the offence under Sections 331(4), 305, in crime No.132 of 2025 for the offence under sections 331(4), 380, 411 and in crime No.220 of 2025 for offence under Sections 305, 331(4) registered in the State of Orissa and other two cases bearing crime No.393 of 2022 for offence under Sections 380, 457 and 411, crime No.430 of 2022 for offence under Section 392, 411/34 registered in the State of 3 Rajasthan, it appears that present applicant is a habitual offender, as such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, allegation levelled against the present applicant, submissions made by learned counsel for the parties, considering the fact that applicant has five criminal antecedents in the State of Odisha and Rajsthan, it appears that present applicant is a habitual offender, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Kanhiya Lal Palasiya involved in Crime No.264/2025 registered at Police Station – Jutmil, District – Raigarh (C.G.) for the offence punishable under Sections 331(4), 305(A) of BNS, 2023, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali