Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:52591
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8520 of 2025 Rahul Sharma S/o Parihar Sharma Aged About 22 Years R/o Ayodhya Nagar, Rounak Kirana Store, Santoshi Nagar, Raipur, Police Station Tikrapara, Raipur, District- Raipur (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station, Puranibasti, District- Raipur (C.G.)
... Respondent(s) For Applicant(s) : Mr. Krishnakumar Dixit, Advocate For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.228/2025 registered at Police Station- Puranibasti, Raipur, District- Raipur (C.G.) for the offence punishable under Section 25 of the Arms Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.29 11:28:18 +0530
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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 against him. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 14.07.2025, therefore this second bail application is filed on the ground that only on the basis of memorandum statement of co-accused persons, the present applicant has been involved implicated in the crime in question and furthermore, the seizure witnesses has turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 03.06.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that in the present case, knife ha been seized from the possession of the present applicant and furthermore, the applicant has 04 criminal antecedents, out of which, two are of the similar nature. Hence the bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6.
From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the
3 applicant was rejected by this Court vide order dated 14.07.2025 in MCRC No. 5489 of 2025 on the ground that from the possession of the present applicant, knife was seized and the applicant had 04 criminal antecedents registered against him, out of which, two are of the similar nature. So far as the ground taken in the second bail application that the witness has turned hostile is concerned, the same cannot be a ground for releasing the applicant on bail as the same would only amount to tempering with the evidence. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the second bail application of the applicant- Rahul Sharma, involved in Crime No.228/2025 registered at Police Station- Puranibasti, Raipur, District- Raipur (C.G.) for the offence punishable under Section 25 of the Arms Act, is rejected at this stage. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. -
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Abhishek