1 2026:CGHC:12540 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1089 of 2026 Avinash Urf Mithun Chauhan S/o Late Tarjan Aged About 27 Years Resident Of Indira Nagar, Gangaram Talab, Police Station City Kotwali, District- Raigarh Chhattisgarh, ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station G.R.P. District- Raigarh Chhattisgarh, ...Non-applicant For Applicant : Mr. Prabhat Kumar Saxena, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 16.03.2026 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. 15/2025 registered at Police Station - G.R.P. District- Raigarh (C.G.), for the offences punishable under Sections 25 and 27 of the C.G. of the Arms Act. 2. Case of the prosecution, in brief, is that 08.10.2025, Sub Inspector VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.16 17:38:54 +0530 2 D.N. Shrivastava, GRP Police Station Raigarh received information through an informer that two youths, near the sand godown at the eastern end of the Railway Yard Raigarh, were threatening the passengers by carrying sharp iron knives in their hands. On receiving the information Head Constable 351 Varun Singh Kanwar along with G.R.P. Police Staff along with Santosh Singh and Pradeep Ghosh went to the Balu godown on the eastern end of the Raigarh Railway Yard where two youths were threatening the passengers coming and going in the station premises with sharp iron knife-like daggers in their hands, due to which the passengers coming and going in the station were running here and there in fear. They were surrounded and caught with the help of police staff and witnesses. On asking their name and address, one of them told his name to be Avinash alias Mithun Chauhan, son of Late Tarzan Chauhan and the other told his name to be Jogendra Miri, son of Gajlal Miri. On asking for valid documents under Section 94 BNSS from both the accused, they gave in writing that they did not have any documents. Two sharp iron knife - like daggers were seized from the possession of both the accused in the presence of separate witnesses and taken into policy custody. The act of the accused was found to be an offence under Section 25, 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that The applicant has no criminal antecedents. He is the sole earning member of his family and supports himself and his family by working as a labourer. Due to his being in custody, his family is facing severe financial hardship and is on the verge of starvation. The 3 applicant wishes to be released on bail and is willing to furnish competent sureties and undertake to appear before the Court as and when required. The applicant is in judicial custody since 08.10.2025, therefore, he prays for grant of regular bail to the applicant. 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 that the applicant has four previous criminal antecedent, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been submitted before the competent Court and the applicant has remained in jail since 08.12.2025, and the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Avinash Urf Mithun Chauhan, involved in Crime No. 15/2025 registered at Police Station - G.R.P. District - Raigarh (C.G.), for the offences punishable under Sections 25 and 27 of the C.G. of the Arms Act, be released on bail on his 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 4 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 his 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 Vaibhav