1 CGHC010164512026 2026:CGHC:28502 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3934 of 2026 Abhay Chhipel S/o- Shivkumar Chhipel Aged About 24 Years R/o- Near Marimai Mandir, Bapu Up Nagar, Torwa, P.S. Torwa, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Torwa, District- Bilaspur (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Jai Prakash Shukla, Advocate For Non-Applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 114/2026 registered at Police Station-Torwa, District Bilaspur (C.G.), for the offences punishable under Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that, while on patrolling duty, the police received secret information that the applicant was KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 intimidating passersby near Murrobhatha, Budhwari Colony, by brandishing a sword-shaped knife. Acting upon the said information, the police reached the spot, where the applicant was allegedly found waving a sword-shaped knife. On being questioned, he failed to produce any valid licence or document authorising possession of the said weapon. Accordingly, the knife was seized from his possession, the aforesaid crime was registered against him for the offences punishable under Sections 25 and 27 of the Arms Act and, after completion of investigation, charge-sheet has been filed before the competent Court. 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 was on his way along with his friends to play Holi at Vrindawan and on account of his previous criminal record, he was intercepted by the police and falsely implicated in the present case. He further submits that the learned trial Court rejected the bail application solely on the ground of the applicant's criminal antecedents without appreciating that the same have been duly explained in the bail application. It is further submitted that none of the previous criminal cases relates to offences under the Arms Act and one of the cases has already been settled in Lok Adalat, while some are pending at different stages of trial as the same have been duly explained in the bail application of para No.4(A). It is also submitted that the applicant is in judicial custody since 01.03.2026, the charge-sheet has already been filed and the trial is likely to take some time for its conclusion. Hence, he prays 3 that the applicant be enlarged on regular bail. 4. On the other hand, learned Panel Lawyer appearing for the State opposes the bail application and submits that the applicant was found brandishing a sword-shaped knife in a public place and intimidating passersby and the weapon was seized from his possession. He further submits that the applicant has eight previous criminal antecedents, out of which one case has been settled in Lok Adalat, whereas the remaining cases are either pending at the stage of appearance, framing of charge, recording of evidence or arrest warrant has been issued against him as the same have been explained in the bail application of para 4(a). It is submitted that the antecedents clearly indicate that the applicant is a habitual offender and, therefore, despite filing of the charge-sheet, he is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of the allegations levelled against the applicant, the fact that the applicant was allegedly found brandishing a sword-shaped knife in a public place and threatening passersby, the charge-sheet has already been filed before the competent Court and so far as the criminal antecedents of the applicant are concerned, he has eight previous criminal antecedents, out of which one case has been settled in Lok Adalat while the remaining cases are pending at different stages and in some cases even arrest warrants have been issued against him, as the same have been duly explained in the 4 bail application of para No.4(a), which prima facie indicates that the applicant is a habitual offender, further he has misused the bail granted to him earlier and also in light of the judgment rendered by the Hon’ble Court in Deepak Yadav Vs. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of applicant – Abhay Chhipel, involved in Crime No. 114/2026 registered at Police Station-Torwa, District Bilaspur (C.G.), for the offences punishable under Sections 25 and 27 of the Arms Act, is rejected. 7. 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 Kunal