Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 48909 (CHH)

SUBHASH LASARE @ BITTU v. STATE OF CHHATTISGARH

MCRC/8549/2025 · 2025-12-07

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:59515 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8549 of 2025 Subhash Lasare @ Bittu S/o Ramnath Lasare, Aged About 27 Years, R/o Talapara, Police Station Civil Line, District - Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Civil Line, District - Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sunil Barman, Advocate. For Non-Applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.12 .202 5 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. 1091/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. The case of the prosecution, briefly stated, is that on 20.09.2025, the Station House Officer, along with his staff, had gone into the town for foot patrolling and vehicle checking. During this duty, they received information from an informant that a man was waving a sharp iron knife in a public place near the Fakir Mohalla pond in Talapara and was abusing PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.09 10:50:38 +0530 2 and threatening the public. Upon receiving this information, an independent witness was summoned for conducting the proceedings. A notice was issued, and consent was obtained. A panchnama was prepared. The suspect was thereafter surrounded and apprehended. He was found brandishing a sharp iron knife. Upon inquiry regarding his name and address, he identified himself as Subhash Lasre. A notice under Section 94 of the B.N.S.S. was issued, directing him to produce valid documents. Upon his failure to produce any such document, a sharp iron knife used for cutting coconuts measuring 14 inches in total length, with a blade length of 7.5 inches, an iron handle of 9 inches, and a blade width of 2.5 inches was seized. The accused was arrested, and a crime was registered against him under Sections 25 and 27 of the Arms Act. The applicant/accused has been in judicial custody since 21.09.2025. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that no lethal weapon has been seized from the possession of the applicant. He also submits that the applicant has six previous criminal antecedents, out of which three cases have been disposed of and three cases are still pending. It is further submitted that the charge-sheet has already been filed in the present case, and the applicant has been in jail since 21.09.2025. As the trial is likely to take a considerable length of time to conclude, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. He further submits that the applicant has six previous criminal antecedents, therefore the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the 3 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 the charge-sheet has been filed in this case and the applicant has six previous criminal antecedents, out of which three cases have been disposed of and three cases are still pending, the applicant is in jail since 21.09.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Subhash Lasare @ Bittu, involved in Crime No. 1091/2025, registered at Police Station – Civil Line, District – Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 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, 4 proclamation under Section 84 of BNSS. is issued and the applicants 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