HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
AMAN SHRIWAS – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
MCRC No. 3948 of 2026
| Table of Content |
|---|
| 1. facts regarding the arrest of the applicant and recovery of a knife under the arms act. (Para 1 , 2) |
| 2. arguments regarding the applicant's criminal history and the state's opposition based on habitual offending. (Para 3 , 4) |
| 3. entitlement to bail based on the filing of the charge-sheet and the status of previous criminal cases. (Para 5 , 6) |
| 4. grant of bail subject to specific conditions to ensure trial attendance. (Para 7 , 8) |
Order on Board
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. 145/2026 registered at Police Station – Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act.
2. The case of the prosecution, in brief, is that on 02.03.2026, the Sirgitti police party received secret information from an informant that near the pond located at Nayapara, Sirgitti, a man was carrying arms and threatening people passing by. Acting upon the said information, the police party reached the place of the incident and apprehended the present applicant. Upon search, a knife was recovered from his possession. Thereafter, the police served a notice upon the present applicant under Section 94 of BNSS for the production of documents regarding the said arm, however, he failed to produce any such document. Consequently, the police took cognizance of the matter, registered the First Information Report, and arrested the present applicant, namely Aman Shriwas, on 03.03.2026, and sent him to judicial custody.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that although the applicant has seven criminal antecedents under the IPC and Arms Act, five cases have already been disposed of, in one case the applicant has been granted bail, and the remaining one case is still pending. Explanations in this regard have been furnished in paragraph 4(a) of the present bail application. It is also submitted that the applicant has been in judicial custody since 03.03.2026. 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. She 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, that although the applicant has 07 criminal antecedents under the IPC and Arms Act, 05 cases have already been disposed of, in 01 case the applicant has been granted bail, and the remaining one case is still pending. Explanations in this regard have been furnished in paragraph 4(a) of the present bail application and further considering that the charge-sheet has been filed before the competent Court and that the applicant has been in judicial custody since 03.03.2026, 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 – Aman Shriwas, involved in Crime No. 145/2026 registered at Police Station – Sirgitti, District Bilaspur (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 b
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