1 2026:CGHC:24733 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5310 of 2026 Shikhar Kumar Dwivedi S/o Sunil Kumar Dwivedi Aged About 19 Years Present Address Ekta Chowk, Saddu, Thana Vidhansabha, District Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Azad Chowk, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2026 1. This is the First bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 66/2026 registered at Police Station – Azad Chowk, District Raipur (C.G.), for the offence punishable under Sections 25 and 27 of Arms Act. 2. As per the brief facts of the prosecution case, on 02/04/2026, information was received from an informant over the telephone that two persons, the first one wearing white full shirt and blue jeans, is thin and lean, and the second one wearing a red T-shirt Digitally signed by JYOTI JHA Date: 2026.06.19 14:27:52 +0530 2 and blue jeans, is thin and lean, are weaving and demonstrating country made pistol near Kari Talab Parking, due to which there is an atmosphere of terror at the spot. On the said information, along with the accompanying staff and witnesses, the spot reached near Kari Talab Parking and the person of the described description were threatening the passengers by taking gun in weaving and demonstrating with the country made pistol in their hands, which was arrested in the presence of accompany witnesses Thereafter police has registered the offence punishable u/s 25, 27 of Arms Act against the applicant and other co-accused person. 3. Learned counsel for the applicant submits that the applicant is innocent and have been falsely implicated in the present case. He submits that, as per the prosecution case itself, the applicant was apprehended on the basis of secret information, however, no firearm has been seized from the possession of the present applicant and he has been implicated merely on suspicion without there being any cogent material connecting him with the alleged offence. He further submits that applicant is aged about 19 years and is preparing for competitive examinations. Learned counsel also submits that one of the applicants is having a previous criminal record and, therefore, the police has falsely implicated him in the present case only to harass him. He further submits that the investigation has been completed, charge-sheet has already been filed, the applicant is in judicial custody since 02.04.2026, and the trial is likely to take considerable time to conclude, and therefore, the applicant may be enlarged on bail. 3 4. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the charge-sheet has been filed and also endorse the fact that the applicant has no previous criminal antecedents. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the nature of allegations, the fact that no firearm has been seized from the possession of the applicant, the completion of investigation and filing of the charge-sheet, the period of detention undergone by the applicant since 02.04.2026 and considering that the trial is likely to take some time for its conclusion, this Court is of the opinion that it is a fit case for grant of bail to the applicant. 7. Let applicant, Shikhar Kumar Dwivedi, involved in Crime No. 66/2026 registered at Police Station – Azad Chowk, District Raipur (C.G.), for the offence punishable under Sections 25 and 27 of Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 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 Jyoti