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2026 DAILYLAW 24955 (CHH)

RAHUL KASHYAP v. STATE OF CHHATTISGARH

MCRC/3222/2026 · 2026-07-05

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1 CGHC010136592026 2026:CGHC:27729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3222 of 2026 Rahul Kashyap S/o Vishal Kashyap Aged About 25 Years R/o Rajatalab, Jayhind Chowk, Near Bharat Aata Chakki, District - Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Civil Lines, Distt. Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Aishwary Diwan, Advocate. For Non-Applicant/State : Mr. Sourabh Bajpai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06.07.2026 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. 128/2026, registered at Police Station – Civil Lines, District - Raipur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act, 1959. 2. As per the prosecution case, on 28.02.2026, on the basis of information received from an informant that a person was standing near Rajatalab Shiv Mandir and was allegedly threatening passers-by while brandishing a knife in his hand, the police registered an offence under Sections 25 and 27 of the Arms Act, 1959 at Police Station Civil Lines, District Raipur PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.07 16:24:09 +0530 2 (C.G.), vide Crime No. 128/2026 dated 28.02.2026. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is a 25-year-old labourer. He also submits that the applicant has three previous criminal antecedents, which have been explained in paragraph 4(A) of the present bail application. He further submits that the charge-sheet has been filed, the applicant has been in judicial custody since 28.02.2026, and the trial is likely to take a considerable time to conclude. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. He further submits that the criminal antecedents of the applicant have been explained in paragraph 4(A) of the present bail application. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the fact that the charge-sheet has already been filed, the criminal antecedents of the applicant, as explained in paragraph 4(A) of the present bail application, the fact that the applicant has been in judicial custody since 28.02.2026, and that the conclusion of the trial is likely to take some time, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant - Rahul Kashyap, involved in Crime No. 128/2026, registered at Police Station – Civil Lines, District - Raipur (C.G.) for the offence punishable 3 under Sections 25 and 27 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 4 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 Preeti