1 2025:CGHC:52977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8592 of 2025 Suresh @ Chandu S/o Ramnaresh Mishra Aged About 28 Years R/o B.S.U.P. Colony Saddu, Distt. Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Vidhan Sabha, Raipur, Distt. Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Dashrath Kushwaha, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 417/2025, registered at Police Station Vidhan Sabha, Raipur, Distt. Raipur (CG) for the offence punishable under Sections 25 and 27 of Arms Act. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that on 25.08.2025, while the Head Constable of Police Station Vidhan Sabha was on patrol duty, he received information from an informer that a person wearing a black T-shirt and green lower was threatening local residents near the BSUP Colony water tank at Bairagidehra, Saddu, by brandishing a sharp-edged knife in a public place. Acting on the said information, the police team along with witnesses reached the spot and found the accused Suresh alias Chandu Mishra waving a sharp-edged knife in his hand and creating panic among the public. The accused was surrounded, apprehended on the spot, and a steel knife was seized from his possession, which led to the registration of the alleged offence against the applicant and subsequently the applicant was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that there is no material to attract the ingredients of offences punishable under Sections 25 and 27 of the Arms Act against the present applicant. The allegations made by the prosecution are false and baseless, as the applicant neither possessed nor brandished any knife, nor has he committed any offence as alleged. On a perusal of the case record, no prima facie case is made out against the applicant. The applicant is in jail since 25.08.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail 3 application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that the applicant is alleged to have brandished a sharp-edged knife in a public place near BSUP Colony, Bairagidehra, Saddu, thereby threatening nearby residents and passersby and created panic among the public, further there is seizure of one steel knife was made from the possession of the present applicant. So far as the criminal antecedents of the applicant are concerned, applicant has 12 criminal antecedents, registered as Crime No. 473/2013 – under Sections 294, 307, 506, 34 IPC at Police Station Civil Line, Crime No. 474/2013 – under Sections 452, 294, 427, 506, 34 IPC at Police Station Civil Line, Crime No. 792/2014 – under Sections 294, 323, 506, 34 IPC at Police Station Civil Line, Crime No. 44/2015 – under the Arms Act at Police Station Civil Line, Crime No. 46/2019 – under Sections 294, 323, 327 IPC at Police Station Civil Line, Crime No. 185/2020 – under Sections 294, 323, 506, 34 IPC at Police Station Vidhan Sabha, Crime No. 210/2020 – under Sections 452, 147, 148, 294, 506, 323, 325 IPC at Police Station Vidhan Sabha, Crime No. 09/2021 – under Sections 294, 506, 354, 34 IPC and POCSO Act at Police Station Vidhan Sabha, Crime No. 28/2022 – under Sections 25, 27 of the Arms Act at Police Station Maudhapara, Crime No. 595/2022 – under Section 34(2) of the Excise Act at Police Station DD Nagar, Crime No. 105/2023 – under Sections 294, 506, 427, 34 IPC and 25, 27 Arms Act at Police Station Devendra Nagar and Crime No. 185/2024 – under Section 34(2) of the Excise Act at Police Station Amanaka, as such, present applicant is a habitual 4 offender and his bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant is alleged to have brandished a sharp-edged knife in a public place, threatening nearby residents and passersby, thereby created panic among the public, further there is seizure of one steel knife has been made from the possession of present applicant, so far as the criminal antecedents of the applicant are concerned, present applicant has 12 criminal antecedents, registered as Crime No. 473/2013 – under Sections 294, 307, 506, 34 IPC at Police Station Civil Line, Crime No. 474/2013 – under Sections 452, 294, 427, 506, 34 IPC at Police Station Civil Line, Crime No. 792/2014 – under Sections 294, 323, 506, 34 IPC at Police Station Civil Line, Crime No. 44/2015 – under the Arms Act at Police Station Civil Line, Crime No. 46/2019 – under Sections 294, 323, 327 IPC at Police Station Civil Line, Crime No. 185/2020 – under Sections 294, 323, 506, 34 IPC at Police Station Vidhan Sabha, Crime No. 210/2020 – under Sections 452, 147, 148, 294, 506, 323, 325 IPC at Police Station Vidhan Sabha, Crime No. 09/2021 – under Sections 294, 506, 354, 34 IPC and POCSO Act at Police Station Vidhan Sabha, Crime No. 28/2022 – under Sections 25, 27 of the Arms Act at Police Station Maudhapara, Crime No. 595/2022 – under Section 34(2) of the Excise Act at Police Station DD Nagar, Crime No. 105/2023 – 5 under Sections 294, 506, 427, 34 IPC and 25, 27 Arms Act at Police Station Devendra Nagar and Crime No. 185/2024 – under Section 34(2) of the Excise Act at Police Station Amanaka, as such, he is a habitual offender, also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Suresh @ Chandu, involved in Crime No. 417/2025, registered at Police Station Vidhan Sabha, Raipur, Distt. Raipur (CG) for the offence punishable under Sections 25 and 27 of Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil