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2026 DAILYLAW 32109 (CHH)

BIKRAM SINGH v. STATE OF CHHATTISGARH

MCRC/7249/2026 · 2026-08-06

Public Interest Litigationbody2026

Judgment text

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1 CGHC010301022026 2026:CGHC:34788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7249 of 2026 1 - Bikram Singh S/o Late Bhagirathi Singh, Aged About 25 Years R/o Village - Bujga Thalkobedha, P S - Bano, District - Simdega, Jharkhand, C. G. (Correct Spelling And Name Mentioned) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station - Telibanda, District - Raipur, C.G. ... Respondent(s) For Applicant(s) : Mr. Shobhit Koshta, Advocate For Respondent(s)/State : Mr. Sumit Singh, Deputy Advocate General Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.08.2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking grant of RUCHI YADAV Digitally signed by RUCHI YADAV 2 regular bail to the applicant, who is in judicial custody in connection with Crime No. 494/2024 registered at Police Station Telibanda, District Raipur (Chhattisgarh), for the offences punishable under Sections 109, 61(2), 308(5), 340(2), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, 1959. 2. The prosecution case, in brief, is that on 13.07.2024, the informant, an employee of P.R.A. India Pvt. Ltd., lodged a report stating that the office of the company is situated at Ring Road No. 1, Industrial Building, Telibandha, Raipur. It is alleged that on the said date, while the informant was on duty, at about 11:00 a.m., the driver of the Company's Director, namely Govind Chatri, started vehicle bearing registration No. CG04/NZ/8875 to proceed for refuelling. At that time, two unknown persons, who had concealed their faces and were riding a Pulsar motorcycle, arrived at the spot. It is alleged that the pillion rider, armed with a firearm, fired at the vehicle with an intention to kill. The informant and the driver immediately rushed inside the office and thereby escaped unhurt. It is further alleged that the assailant fired two more rounds towards the office, whereafter the Director's gunman came outside and retaliated by firing in self-defence. Thereafter, the assailants fled from the spot on the motorcycle towards the Industrial Building. Before they escaped, the informant noticed the registration number of the motorcycle as JH01DL4692. On the basis of the said report, Crime No. 494/2024 was registered at 3 Police Station Telibandha, District Raipur (Chhattisgarh), initially against two unknown persons for the offences punishable under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, 1959. During the course of investigation, the present applicant came to be implicated in the crime and, after completion of the investigation, a charge-sheet was filed for the offences punishable under Sections 109, 61(2), 308(5), 340(2), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, 1959. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that similarly placed co-accused has already been enlarged on bail by this Court vide order dated 03.03.2025 passed in MCRC No. 1592 of 2025. Learned counsel submits that the only allegation against the applicant is that he had supplied the firearm to the co-accused, who allegedly fired at the complainant; however, no injury was sustained by the complainant. As regards the criminal antecedent of the applicant, it is submitted that although he was convicted in a case under Sections 452, 302, 120-B and 34 of the IPC, he has been enlarged on bail by this Court vide order dated 14.07.2026 passed in CRA No. 1385 of 2025. Learned counsel further submits that the applicant has been in judicial custody since 20.01.2025, the investigation has been completed, the charge-sheet has already been filed, only 2 out of 5 prosecution witnesses have been 4 examined and the trial is likely to take considerable time to conclude. Accordingly, it is prayed that the applicant be enlarged on regular bail. 4. Learned State counsel opposes the bail application and submits that considering the nature and gravity of the offence and the applicant's criminal antecedents, comprising nine criminal cases, he is a habitual offender and, therefore, does not deserve the benefit of bail. Accordingly, it is prayed that the bail application be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the nature and gravity of the allegations, the specific role attributed to the applicant of having supplied the firearm allegedly used in the commission of the offence, the material collected during the course of investigation and the criminal antecedents of the applicant, comprising nine criminal cases, this Court is of the considered opinion that the applicant does not deserve the discretionary relief of regular bail. Though the investigation has been completed and the charge-sheet has already been filed and the co-accused has been enlarged on bail, the case of the present applicant stands on a different footing in view of his alleged role and his extensive criminal antecedents. The fact that no injury was sustained by the complainant and only two out of five prosecution witnesses have been examined are 5 matters which, by themselves, do not constitute sufficient grounds for grant of bail in the facts and circumstances of the present case. 7. Accordingly, the bail application preferred by the applicant Bikram Singh in connection with Crime No. 494/2024 registered at Police Station Telibanda, District Raipur (Chhattisgarh), for the offences punishable under Sections 109, 61(2), 308(5), 340(2), 111 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, 1959, deserves to be and is hereby rejected at this stage. 8. The trial Court concerned is directed to make every endeavour to conclude the trial within a period of four months from the date of receipt of a copy of this order. 9. The Office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ruchi