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2025 DAILYLAW 34637 (CHH)

RAHUL SHARMA v. STATE OF CHHATTISGARH

MCRC/5489/2025 · 2025-07-13

body2025

Judgment text

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1 2025:CGHC:32697 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5489 of 2025 • Rahul Sharma, S/o Parihar Sharma, Aged About 22 Years, R/o Ayodhya Nagar, Near Raunak Kirana Store, Santoshi Nagar, Raipur, District Raipur (C.G.). ... Applicant versus • State Of Chhattisgarh, Through P.S. Purani Basti, District Raipur (C.G). ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. J. K. Gupta, Advocate. For State/Non-applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.228/2025 registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Section 25 of the Arms Act, 1959. 2. Case of the prosecution, in brief, is that the present applicant was in possession of the alleged knife, which was seized by the police during patrolling and thereafter, the applicant has been arrested by the police and the case was registered. 2 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in crime in question. He further submits that learned trial Court has failed to appreciate that the prosecution has miserably failed to bring home the ingredients of the said charges against the applicant. He also submits that though, the applicant was in possession of the knife, but the same has not been used nor any injuries sustained to anyone. It is further submitted that the applicant is in jail since 03.06.2025, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the applicant. 4. On the other hand, the learned Panel Lawyer opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that there are four criminal antecedents against the present applicant, out of which two are of similar nature of present case. As such, the applicant is not entitled to be released on 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 knife has been seized from the possession of the present applicant and also the fact that the present applicant has four criminal antecedents, out of which two are of similar nature of present case, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of the applicant – Rahul Sharma, involved in Crime No.228/2025 registered at Police Station Purani Basti, District Raipur (C.G.), for the offence punishable under Section 25 of the Arms Act, 1959, is rejected. 3 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA