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2026:CGHC:6325

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 1221 of 2026

Vishal Giri S/o Shashi Giri Aged About 28 Years R/o Ward No. 12, Kirodimal

Nagar, Police Station, Kotraroad, District Raigarh (C.G.)

... Applicant

versus

State of Chhattisgarh Through Police Station, Kotraroad, District Raigarh (C.G.)

... Respondent

For Applicant : Mr. Ravi Kumar Banjare, Advocate.

For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

04.02.2026

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 applicant

who has been arrested in connection with Crime No. 445/2025 registered

Digitally signed

by ABHISHEK

ABHISHEK SHRIVAS at Police Station – Kotra road, District Raigarh (C.G.) for the offence

SHRIVAS Date:

2026.02.05

12:55:58 +0530

punishable under Sections 25 and 27 of the Arms Act.

2. As per the brief facts of the prosecution case, on 01.11.2025, on the

basis of secret information received by the police, it was alleged that the

present applicant along with another person was carrying a knife and

threatening people, thereby creating fear among the public. Acting upon

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the said information, the police apprehended the applicant and seized

one knife and a motorcycle from his possession. Thereafter, the police

registered an offence under Sections 25 and 27 of the Arms Act against

the applicant and arrested him.

3. Learned counsel for the applicant submits that the applicant has been

falsely implicated in the present case. He further submits that the

prosecution case itself shows that the applicant has not committed any

offence and that the police seized the said article from an open place, not

from the possession of the present applicant. He also submits that the

applicant has three criminal antecedents under the IPC; two cases have

already been disposed of and only one case is pending, the explanation

for which has been furnished in paragraph 4(a) of the present bail

application. It is further submitted that the applicant has been in judicial

custody since 01.11.2025. On these grounds, he prays for grant of

regular bail to the applicant.

4. On the other hand, learned State counsel opposes the bail application

and submits that the charge-sheet has already been filed before the

competent Court. He further submits that, in view of the criminal

antecedents of the applicant, which demonstrate that he is a habitual

offender, he is not entitled to the grant of regular bail.

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,

namely that the applicant has three criminal antecedents under the IPC;

two cases have already been disposed of and only one case is pending,

the explanation for which has been furnished in paragraph 4(a) of the

present bail application and further considering that the charge-sheet has

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been filed before the competent Court and that the applicant has been in

judicial custody since 01.11.2025, and that the conclusion of the trial may

take some more time, this Court is of the considered view that the

applicant is entitled to be released on bail in the present case.

7. Let the Applicant – Vishal Giri, involved in Crime No. 445/2025

registered at Police Station – Kotra road, District Raigarh (C.G.) for the

offence punishable under Sections 25 and 27 of the Arms Act, be

released on bail on his furnishing personal bond with two sureties in

the like sum to the satisfaction of the Court concerned with the following

conditions:-

(i) The applicant shall file an undertaking to the effect that

he shall not seek any adjournment on the dates fixed for

evidence when the witnesses are present in court. In case

of default of this condition, it shall be open for the trial

court to treat it as abuse of liberty of bail and pass orders

in accordance with law.

(ii) The applicant shall remain present before the trial

court on e