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2026 DAILYLAW 1576 (CHH)

ANAND CHURA v. STATE OF CHHATTISGARH

MCRC/9744/2025 · 2026-01-27

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Judgment text

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1 2026:CGHC:4796 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9744 of 2025 • Anand Chura S/o Trilochan Chura Aged About 19 Years R/o Trimurti Nagar, Devendra Nagar, Distt. Raipur Chhattisgarh (As Per Correct Details) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station - Devendra Nagar, District - Raipur Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aishwarya Diwan, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.206/2025, registered at Police Station – Devendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 25 of Arms Act, 1959. 2. The case of the prosecution, that on 26.10.2025, during Police Town Patrolling on basis of information received through an informant that near Trimurti Nagar, Mata Chowk, a person with a knife threatening VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.30 11:09:02 +0530 2 other peoples police caught that person. On the basis of said story, offence has been registered against the applicant and he has been arrested, hence, this bail application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is contended that the applicant is a young man of approximately 19 years old with a bright future, and he is the sole earning member of his family, with his elderly parents depending on him. It is further submits that there are three criminal antecedents registered against the present applicant and all are mentioned at paragraph No.4(a) in the bail application and the applicant is in jail since 26.10.2025, charge-sheet has been filed in the present case and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that charge-sheet has been filed in the present case. Further, applicant has three criminal antecedent, it appears that applicant is a habitual offender, therefore he is not entitled to grant bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact applicant is in jail since 26.10.2025, and conclusion of the trial is likely to take some time, considering the detention period of the applicant, I am inclined to allow this application. 7. Let applicant, Anand Chura, involved in Crime No.206/2025, 3 registered at Police Station – Devendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 25 of Arms Act, 1959, be released on bail on his furnishing a personal bond with two 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 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali