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2026 DAILYLAW 32992 (CHH)

ANAM HUSSAIN v. STATE OF CHHATTISGARH

MCRC/6619/2026 · 2026-08-20

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Judgment text

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1 CGHC010280142026 2026:CGHC:37632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6619 of 2026 Anam Hussain S/o Altaab Hussain Aged About 19 Years R/o Near Hatri Chowk, P.S. City Kotwali, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House O5cer, Police Station City Kotwali, District- Bilaspur (C.G.) ... Non-Applicant(s) For Applicant : Mr. Ravi Kumar Kashyap, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Dy. Govt. Adv. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/08/2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 384/2026, registered at Police Station City Kotwali, District- Bilaspur (C.G.) for the o7ences punishable under Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, in brief, is that on 20.06.2026, the present applicant was allegedly found threatening and intimidating KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 the general public near Jawali Nala, Bilaspur, by holding a knife. The said knife was seized from the possession of the applicant by the Police of Police Station City Kotwali in the presence of witnesses. Thereafter, the applicant was arrested after registration of Crime No. 384/2026 for the o7ences punishable under Sections 25 and 27 of the Arms Act. After completion of investigation, charge-sheet has been <led before the competent Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the ingredients of the o7ences punishable under Sections 25 and 27 of the Arms Act are not made out against the applicant and he has been falsely implicated by the police. He further submits that the applicant has only two criminal antecedents, which have been duly disclosed in the bail application in Part-D relating to criminal antecedents, out of which he has already been acquitted in one case and the other case is still pending. He further submits that in the present case, charge-sheet has been <led before the competent Court and the applicant is in jail since 20.06.2026. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of bail to the applicant and submits that the applicant has two criminal antecedents of similar nature, which have also been disclosed by the learned counsel for the applicant in the bail application. However, considering the allegations against the applicant and the recovery of knife from his possession and the 3 criminal antecedents of the applicant, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and further considering that the applicant has two criminal antecedents of similar nature which have been duly disclosed in the bail application, out of which he has already been acquitted in one case and the other case is pending and also considering the fact that the investigation has been completed and charge-sheet has already been <led before the competent Court and he is in jail since 20.06.2026, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. 8. Let the applicant – Anam Hussain, involved in Crime No. 384/2026, registered at Police Station City Kotwali, District- Bilaspur (C.G.) for the o7ences punishable under Sections 25 and 27 of the Arms Act, be released on bail on his furnishing a personal bond with two 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 he 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 4 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 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 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 him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal