1 2026:CGHC:20553 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2922 of 2026 • Jai @ Chhotu Diwakar S/o Balla Diwakar Aged About 20 Years Resident Of Tarbahar, F.C.I. Road, Behind Anand Hotel, Police Station Tarbahar, District Bilaspur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Office, Police Of Police Station Hirri, District Bilaspur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Devesh Chandra Verma, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/05/2026 1. This is 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.64/2025 registered at Police Station – Hirri, District – Bilaspur (C.G.) for the offence punishable under Section 309(4), 238(B) read with Section 3(5) of the BNS, 2023. 2. As per prosecution story, in brief, is that, the complainant namely Rohit Kumar Vishwakarma who is the truck driver made complaint VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.04 14:35:52 +0530 2 on 02-03-2025 to the police station and stating therein that on 01- 03-2025 at about 11.30 PM (in the night), his truck was parked nearby the Pendrideeh Raj dhaba, Raipur-Bilaspur Main Road, at that time two unknown persons who are aged about 20-25 years talking in Hindi-Chhattisgarhi and reached in the cabin of the said truck and caused Marpeet to the complainant and looted Rs.700/- cash amount and also looted the mobile of the complainant/driver and after taking the password, withdrawn the amount of Rs.7,000/- through transaction. The complainant sustained injuries on his left leg. On the basis of said complaint, the police has registered the crime for the offence punishable under Section 309 (4) of the BNS and during the investigation, the present applicant and other co- accused persons has been arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that the present applicant is in jail since 17.02.2026 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. He also submits that applicant has two previous criminal antecedent bearing crime No.17 of 2026 registered at Police Station Koni for the offence under Section 103(1), 309(4), 309(6), 3(5) of BNS and Section 25 and 27 of Arms Act, which is pending fro conclusion and bearing crime No.140 of 2024 registered at Police Station Trabahar for the offence under Section 147, 294, 506, 323, 341, 327 of IPC, which is also pending for conclusion, therefore applicant is entitled for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent authority and the allegation 3 against the present applicant is that applicant along with other co- accused, committed assault upon the complainant and robbed him of ₹700 in cash and his mobile phone. It is further alleged that, after obtaining the password, an amount of ₹7,000 was withdrawn through transactions, the complainant sustained injuries on his left leg. She further submits that the applicant has a total of three previous criminal antecedents, out of which details of two cases have been mentioned in paragraph No.4(A) of the bail application. It is further submitted that one more case for an offence under Section 302 of the Indian Penal Code is also registered against the applicant, in which he is presently in custody. It thus appears that the applicant is a habitual offender and, therefore, is not entitled to the 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, submissions of learned counsel for the parties, nature and gravity of the offence and the material available on record, considering the fact that the applicant has a total of three previous criminal antecedents, out of which details of two cases have been mentioned in paragraph No. 4(A) of the bail application and one more case for an offence under Section 302 of the Indian Penal Code is also registered against the applicant, in which he is presently in custody, it thus appears that the The applicant appears to be a habitual offender and is involved in serious offences, therefore, is not entitled to the grant of bail., therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 4 7. Accordingly, this bail application of applicant – Jai @ Chhotu Diwakar, involved in Crime No.64/2025 registered at Police Station – Hirri, District – Bilaspur (C.G.) for the offence punishable under Section 309(4), 238(B) read with Section 3(5) of the 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