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2026 DAILYLAW 28845 (CHH)

DEVENDRA BAGHEL v. STATE OF CHHATTISGARH

MCRC/6687/2026 · 2026-07-23

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010277812026 2026:CGHC:31738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6687 of 2026 Devendra Baghel S/o Shiv Kumar Baghel Aged About 21 Years R/o Behind Government School, Gita Nagar, Bhanpuri, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Khamtarai, District – Raipur, Chhattisgarh ---- Non-applicant For Applicant : Mr. Galib Dwivedi, Advocate. For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 24.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 43/2026, registered at Police Station – Khamtarai, District – Raipur (CG) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. The prosecution story in brief, is that during the patrolling the head constable got information that the applicant is trying to threaten the common people by using the iron knife, therefore, the applicant committed alleged offence punishable under the provisions of Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 the charge-sheet has been filed in the present case and there are a total of nine criminal antecedents of the applicant out of which in six cases the applicant has been acquitted. The applicant is in jail since 24.01.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. It is further submitted that there are 9 criminal antecedents of the applicant out of which, though he has been acquitted in six case, but the rest three cases registered against the applicant are of similar nature and they are stated to be still pending and no plausible explanation has been given for the same, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant is said to have threatening the common people by showing the iron knife, and there are 9 criminal antecedents of the applicant out of which, though he has been acquitted in six case, but the rest three cases registered against the applicant are of similar nature and they are stated to be still pending, and no plausible explanation has been given for the same, which shows that applicant is a habitual offender and he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, 3 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 is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, the bail application of applicant- Devendra Baghel, involved in Crime No. 43/2026, registered at Police Station – Khamtarai, District – Raipur (CG) for the offence punishable under Sections 25 and 27 of the Arms Act, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ravindra Kumar Agrawal) Judge Rajshekhar