1 2026:CGHC:6325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1221 of 2026 Vishal Giri S/o Shashi Giri Aged About 28 Years R/o Ward No. 12, Kirodimal Nagar, Police Station, Kotraroad, District Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station, Kotraroad, District Raigarh (C.G.) ... Respondent For Applicant : Mr. Ravi Kumar Banjare, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2026 1. This is the 8rst bail application 8led 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. 445/2025 registered at Police Station – Kotra road, District Raigarh (C.G.) for the o<ence punishable under Sections 25 and 27 of the Arms Act. 2. As per the brief facts of the prosecution case, on 01.11.2025, on the basis of secret information received by the police, it was alleged that the present applicant along with another person was carrying a knife and threatening people, thereby creating fear among the public. Acting upon ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.02.05 12:55:58 +0530 2 the said information, the police apprehended the applicant and seized one knife and a motorcycle from his possession. Thereafter, the police registered an o<ence under Sections 25 and 27 of the Arms Act against the applicant and arrested him. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the prosecution case itself shows that the applicant has not committed any o<ence and that the police seized the said article from an open place, not from the possession of the present applicant. He also submits that the applicant has three criminal antecedents under the IPC; two cases have already been disposed of and only one case is pending, the explanation for which has been furnished in paragraph 4(a) of the present bail application. It is further submitted that the applicant has been in judicial custody since 01.11.2025. On these grounds, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been 8led before the competent Court. He further submits that, in view of the criminal antecedents of the applicant, which demonstrate that he is a habitual o<ender, he is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, namely that the applicant has three criminal antecedents under the IPC; two cases have already been disposed of and only one case is pending, the explanation for which has been furnished in paragraph 4(a) of the present bail application and further considering that the charge-sheet has 3 been 8led before the competent Court and that the applicant has been in judicial custody since 01.11.2025, and that the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Vishal Giri, involved in Crime No. 445/2025 registered at Police Station – Kotra road, District Raigarh (C.G.) for the o<ence punishable under Sections 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall 8le an undertaking to the e<ect that he shall not seek any adjournment on the dates 8xed 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 8xed, either personally or through his counsel. In case of his absence, without suCcient 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 8xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (iv) The applicant shall remain present, in person, before the trial court on the dates 8xed 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 suCcient 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. OCce is directed to send a certi8ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek