HARSH SIDAR @ BITTU vs STATE OF CHHATTISGARH

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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
Digitally
signed by
KRISHNA
KUMAR
BARVE
Date:
2026.09.03
11:11:30
+0530
KRISHNA
KUMAR
BARVE

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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

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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

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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