1 2026:CGHC:1752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 328 of 2026 Shani Shah S/o Durgesh Shah Aged About 18 Years R/o Near Sheetla Talab, Sarora, P.S. Urla, Distt. Raipur, C.G. (Address Is Wrongly Mentioned In The Order Sheet) ... Applicant versus State Of Chhattisgarh Through Police Station Khamtarai, District Raipur C.G. ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 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. 1204/2025, registered at Police Station - Khamtarai District – Raipur (C.G.) for the offence punishable under Sections 25 & 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.13 11:42:41 +0530 2 2. The prosecution story in brief, is that on 24.11.2025, The Police of police station Urkura received a secret information that near railway Station, Urkura the applicant/accused was illegally carrying a Locally Made Gun and threatening the by passersby with the gun, upon which the police reached the spot, cordoned off, and caught the individual. Upon questioning, he identified himself as Shani Kumar. One Desi Katta (Barrel length 6.2 inches, Grip length 6 inches) and one live cartridge were seized. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that there is no legal material or credible evidence on record constituting the offences as alleged by the prosecution; that the applicant, who is only 18 years old, has been in judicial custody since 24.11.2025 and is at a formative stage of his life, and his continued incarceration in the company of hardened criminals would have a detrimental impact on his mental well-being and future prospects, whereas he deserves an opportunity for reformation and rehabilitation; that as per the prosecution case, a locally made gun is alleged to have been recovered, however, no firing has taken place and no injury has been caused to any person, and no eyewitness has attributed any specific overt act of threat to the applicant; that the alleged offence is triable by a Magistrate and the trial is likely to take a considerable time to conclude, therefore no useful purpose would be served by keeping the applicant behind bars for an indefinite period; that the applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding; and that 3 the applicant is ready to furnish adequate surety and undertakes to abide by all the directions and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case, and the applicant has two criminal antecedent, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, considering the period of detention of the applicant since 24/11/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Shani Shah, involved in Crime No. 1204/2025, registered at Police Station - Khamtarai District – Raipur (C.G.) for the offence punishable under Sections 25 & 27 of the Arms Act, be released on bail on furnishing personal bond with two local 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 be open for the trial court to treat it as abuse of liberty of 4 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav