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2026 DAILYLAW 27279 (CHH)

MD. AMIR SHEIKH ALIAS BADRI v. STATE OF CHHATTISGARH

MCRC/4650/2026 · 2026-07-14

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Judgment text

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1 CGHC010191682026 2026:CGHC:30049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4650 of 2026 Md. Amir Sheikh Alias Badri S/o. Md. Md Ashraf Sheikh Aged About 21 Years R/o. Durga Nagar Birgaon, Tahsil And District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Urla District- Raipur (C.G.) ...Non-applicant For Applicant : Mr. Arvind Sinha, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, learned Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 15.07.2026 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. 66/2026 registered at Police Station – Urla District - Raipur (C.G.), for the offences punishable under Section 25 of the Arms Act. 2. The prosecution case, in brief, is that on 01.03.2026 the station house officer had received an information with regard to home-made pistol VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.16 11:11:30 +0530 2 which has been possessed by the present applicant, on the basis of said information, the concerning police has rushed to the spot and arrested the applicant, thereafter registered the crime bearing crime no. 66 of 2026 for the offence punishable U/s 25 of Arms Act, on being completing the investigation, challan has been filed before the competent court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and has no connection whatsoever with the alleged crime. It is contended that there is no material available on record to prima facie establish the involvement of the applicant in the commission of the alleged offence. It is further submitted that no act attributable to the applicant has caused any harm to the public at large, nor has any person been hospitalized or suffered any injury on account of the alleged acts. The investigation has been completed and the charge-sheet has already been filed; therefore, custodial detention of the applicant is no longer necessary. The applicant has been in judicial custody since 01.03.2026, and the trial is likely to take considerable time to conclude. It is also submitted that although the applicant has 19 criminal antecedents, he has been acquitted in all those cases, and therefore the said antecedents cannot be treated as a disqualification for grant of bail or as evidence of his guilt in the present case. The applicant is a permanent resident of Durga Nagar, Birgaon, Tahsil and District Raipur (C.G.), has deep roots in society, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to abide by all such terms and conditions as may be imposed by this Hon'ble Court while enlarging him on bail. 3 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has 19 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 facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and further taking into account the period of detention, as the applicant has remained in judicial custody since 01.03.2026, and the fact that the charge-sheet has already been filed before the competent Court, and that the conclusion of the trial is likely to take considerable time, this Court is inclined to grant regular bail to the applicant. 7. Let the Applicant – Md. 7. Let the Applicant – Md. Amir Sheikh Alias Badri, involved in Crime No. 66/2026 registered at Police Station – Urla District - Raipur (C.G.), for the offences punishable under Section 25 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 she 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 her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 during trial and in order to secure her 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 her 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