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2026 DAILYLAW 6241 (CHH)

AMRITASH SINGH DEO v. STATE OF CHHATTISGARH

MCRCA/358/2026 · 2026-04-12

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Judgment text

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1 2026:CGHC:16983 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 358 of 2026 Amritash Singh Deo (Wrongly Mentioned As Aamrtaash Singh Deo) S/o Late Shri Harsh Singh Deo Aged About 32 Years R/o Deviganj Road Ambikapur Police Station And Tehsil Ambikapur, District- Surguja Chhattisgarh ...Applicant versus State Of Chhattisgarh Through- Police Station Ambikapur, District- Surguja, Chhattisgarh, ... Respondent For Applicant : Shri Samrath Singh Marhas, Advocate. For Respondent/State : Shri Soumya Rai, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13/04/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.77/2026, registered at Police Station Ambikapur, District Surguja for alleged commission of offence punishable under Sections 25 & 27 of the Arms Act and Section 125 of Bhartiya Nyaya Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.15 14:46:20 +0530 2 2. Case of the prosecution, in brief, is that on 06.02.2026 at around 18:42 hrs. the Police Control Room Ambikapur was informed over phone by one Head constable namely Devnarayan Netam that on 06.02.2026 at 18:39 hrs., he has received information that one person near Dev Hotel has fired an aerial shot (Hawaai Fire). On such information the Police staff and patrolling team reached the place of incident and after reaching there it was seen that huge crowd has gathered infront of Dev hotel including journalists, Additional Superintendent of Police, City Superintendent of Police and other persons from police team. It was inquired about the incident from the neighboring shop owners and their staff on which it was informed that the applicant was standing near his gate along with his friends after which two gunshots were heard. Thereafter, Devnarayan Netam was called to the place of incident and was questioned about the incident in presence of Senior Police Officials wherein he stated that while he was standing near fruit shop in front of Dev Hotel, at that time, he heard sound of gunshot and on such information, First Information Report was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the present applicant is completely innocent and has never fired in the air in a public place, nor has he committed any act that would endanger the lives of others and no weapon or cartridge has been seized from the applicant and no complaint has ever been filed by any person in any police station regarding the alleged incident. He would submit that there are no eyewitnesses to the alleged incident and the applicant has not committed any act that attracts the alleged 3 offences. He would submit that the applicant has been arrayed as accused in the said crime only on the basis of hearsay evidence and there is no concrete evidence against the present applicant showing that he has committed the alleged incident as stated by the police personnel, neighboring shop owners and its staff. He would further submit that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that the applicant has two criminal antecedents of the year 2015 & 2017 in which he has been acquitted. He would submit that the allegations against the applicant are serious in nature, involving use of a firearm in a public place which created panic and disturbed public order, therefore the applicant is not entitled for benefit of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that the allegations against the applicant are serious in nature, involving use of a firearm in a public place which created panic and disturbed public order, considering the gravity of the offence and the manner in which it was committed and also considering 4 the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant - Amritash Singh Deo involved in Crime No.77/2026, registered at Police Station Ambikapur, District Surguja for alleged commission of offence punishable under Sections 25 & 27 of the Arms Act and Section 125 of Bhartiya Nyaya Sanhita is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri