Chhattisgarh High Court

Regular bail granted for Arms Act possession as trial conclusion remains pending despite criminal antecedents.

SHUBHAM DURGA vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: May 08, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant was arrested on March 6, 2026, after police personnel on patrol received an informant's tip regarding a person carrying a knife at a public spot in Raipur.

Source reference: para. 2

Upon reaching the spot, police seized a knife from the applicant's possession and registered Crime No. 63/2026.

Source reference: para. 2

Following the completion of the investigation, a charge-sheet was filed before the competent court.

Source reference: para. 2

The applicant filed this first bail application contending that the recovery was doubtful as no independent witnesses were joined despite the incident occurring in broad daylight at a public place.

Source reference: para. 3

The State opposed the bail, citing the applicant's two previous criminal antecedents from 2022 and 2024.

Source reference: para. 4
02

Issues

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offense and the period of incarceration.

Source reference: para. 1 & 6
03

Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail.

Source reference: para. 1

Sections 25 and 27 of the Arms Act, noting that such offenses are triable by a Judicial Magistrate First Class.

Source reference: para. 3

Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) and Section 84 of the BNSS regarding the consequences of violating bail conditions and non-appearance.

Source reference: para. 7
04

Reasoning

The court balanced the gravity of the allegations—conscious possession of a weapon in public—against the procedural status of the case.

Source reference: no citation

While the court acknowledged the applicant's two criminal antecedents, it noted they were sufficiently explained in the bail application.

Source reference: para. 6

The court took significant note of the fact that the investigation was complete and the charge-sheet had already been filed, meaning custodial interrogation was no longer required.

Source reference: para. 3 & 6

Furthermore, as the offenses are triable by a JMFC and the trial is expected to take time, the court determined that prolonged pre-trial detention was not warranted.

Source reference: para. 3 & 6

The court also implicitly considered the lack of allegations regarding the actual use of the weapon to cause injury.

Source reference: para. 3
05

Holding

The court allowed the bail application, answering the issue in the affirmative.

The applicant was ordered to be released on a personal bond with two sureties, subject to strict conditions: he must not seek unnecessary adjournments, must appear on all trial dates (specifically for framing of charges and recording of statements), and must comply with protocols under Sections 209 and 269 of the BNS in case of default.

Source reference: para. 7
Chhattisgarh High Court

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SHUBHAM DURGAvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · May 08, 2026

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