A habitual offender is not entitled to bail when previous criminal antecedents demonstrate a pattern of behavior warranting denial.

Order on Board

29.05.2025

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 applicant who has been arrested in connection with Crime No. 8/2025 registered at Police Station Parpodi, District – Bemetara (C.G.), for the offence punishable under Sections 318 (4), 111, of the Bhartiya Nyaya Sanhita, 2023 and Section 66(घ) of IT Act.

2. According to the prosecution's story, the complainant Yamini Tamrakar given a written report before the Police station Parpodi, District Bemetara (C.G.) on 22.01.2025 someone has called in his whatsapp number that in your name the illegal thing was come, therefore the F.I.R. has been lodged and they are showing the video and for dismissing of the F.I.R. some amount has been transferred by the complainant of Rs. 9,11,999/-.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the two co-accused have been enlarged on bail by this Court in MCRC No. 1937 of 2025 dated 06.05.2025. He further submits that nothing has been seized from the present applicant and he is in jail since 09.02.2025 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.

4. On the other hand, learned counsel for the State/non-applicant opposes the bail application, submitting that the co-accused have been granted bail had no criminal antecedents, so far as the present applicant is concerned, he has criminal antecedents of 13 cases and in para – 4(A) deponent of the present applicant has been stated that to the best of his knowledge, he has no criminal antecedent. Therefore, the present applicant is not entitled for grant of regular bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Considering the facts and circumstances of the case and further the fact that the applicant has 13 previous criminal antecedents under the similar nature and the same have been registered at different Police Stations of Madhya Pradesh from year 2021 to 2024, which shows that the present applicant is a habitual offender and also in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav vs. State of Uttar Pradesh & Another reported in (2022) 8 SCC 559, wherein Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court of the opinion that it is not a fit case to enlarge the applicant on regular bail.

7. Accordingly, the bail application of the applicant – Arpit Mishra, involved in Crime No. 8/2025 registered at Police Station Parpodi, District – Bemetara (C.G.), for the offence punishable under Sections Sections 318 (4), 111, of the Bhartiya Nyaya Sanhita, 2023 and Section 66(घ) of IT Act, is hereby rejected