[Cites 1, Cited by 0]
Chattisgarh High Court
Siddharth Sharma vs State Of Chhattisgarh on 16 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12475
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2448 of 2026
Siddharth Sharma S/o Shree Arun Sharma, Aged About 30 Years, R/o
Lokmanay Society, D.D. Nagar, Gol Chowk, District- Raipur (C.G.)
... Applicant
versus
State of Chhattisgarh Through Police Station Gudhiyari, District- Raipur (C.G.)
... Non-applicant
For Applicant : Ms. Smita Jha, Advocate.
For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer.
Hon'ble Shri Ramesh Sinha, Chief Justice
Digitally
signed by
PREETI Order on Board
PREETI KUMARI
KUMARI Date:
2026.03.17
10:49:18 16.03.2026
+0530
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. 50/2026 registered
at Police Station - Gudhiyari, District- Raipur (C.G.) for the offence
punishable under Section 25 of Arms Act.
2. The prosecution's case, in brief, is that Assistant Sub-Inspector Naresh
Kumar Devangan, on 16.02.2026, was on patrol along with constables.
During the patrol, they received confidential information that near the
CSEB Ground, Gudhiyari, a person was standing holding a pistol in his
hand. Upon receiving this information, they reached the spot near CSEB
Ground, Gudhiyari. The applicant was surrounded and apprehended.
After asking his name and address and conducting a search, an iron
pistol with a magazine was recovered from the possession of the
applicant.
3. It is argued by the learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the present case. She further
submits that the applicant has no previous criminal antecedents, the
charge-sheet has already been filed and the applicant has been in judicial
custody since 17.02.2026. As the trial is likely to take a considerable time
for its conclusion, learned counsel prays for grant of bail.
4. On the other hand, the learned State counsel opposed the bail application
and submitted that the charge-sheet has been filed in the present case.
She further submits that an iron pistol with a magazine was recovered
from the possession of the applicant. Hence, he is not entitled for grant of
bail.
5. I have heard learned counsel for the parties and perused the
documents available on record.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and the fact
that the applicant has no previous criminal antecedents, the charge-sheet
has been filed and he is in jail since 17.02.2026 and conclusion of the trial
is likely to take some time, this Court is of the view that the applicant is
entitled to be released on bail in this case.
7. Accordingly, the bail application is allowed. Let the applicant -
Siddharth Sharma, involved in Crime No. 50/2026 registered at Police
Station - Gudhiyari, District- Raipur (C.G.) for the offence punishable
under Section 25 of 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 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.
8. Office is directed to send a certified copy of this order to the trial Court
concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Preeti
