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2025 DAILYLAW 55070 (CHH)

RAMU RAI v. STATE OF CHHATTISGARH

MCRC/6648/2025 · 2025-08-21

body2025

Judgment text

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1 2025:CGHC:42705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6648 of 2025 • Ramu Rai S/o Late Mohan Rai Aged About 52 Years R/o In Front Of Thakur Dev Mandir, Jora Para P.S. Maudhapara District- Raipur (Chhattisgarh) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Maudhapara District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. C.R.Sahu, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.125/2025 registered at Police Station Maudhapara, District-Raipur (C.G.), for the offence punishable under Sections 25 & 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant has giving information to the concerned knife at open place and on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.23 18:57:43 +0530 2 such information the police seized knife and has registered the case under Section 25 and 27 of the Arms Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that applicant has neither moving knife nor committed any aforesaid offences as alleged by the prosecution against him. He also submits that the applicant is in jail since 01.07.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant is having 39 criminal antecedent, as such, he is a habitual offender and is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact that the charge-sheet has been filed before the competent Court, looking to the fact that applicant is having 39 criminal antecedent, it appears that he is a habitual offender. Further, he has misused the bail earlier granted to him, and 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 3 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 the applicant- Ramu Rai, involved in Crime No.125/2025 registered at Police Station Maudhapara, District-Raipur (C.G.), for the offence punishable under Sections 25 & 27 of Arms Act is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali