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2026 DAILYLAW 10847 (CHH)

ARJUN YADAV v. STATE OF CHHATTISGARH

MCRC/3231/2026 · 2026-05-04

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Judgment text

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1 2026:CGHC:20984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3231 of 2026 • Arjun Yadav S/o Bahorik Yadav Aged About 25 Years R/o Lalkhadan, Mahmad, P.S. Torwa District Bilaspur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through The Police Station Torwa, District Bilaspur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Abhishek Nirala, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2026 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. 136/2026, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 25, 27 of Arms Act. 2. As per the case of the prosecution on 08.03.2026, during town patrolling, information was received that a person named Arjun was threatening passersby with a knife near Lalkhadan Chowk overbridge. After serving notice to two witnesses, the police reached VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.06 17:37:27 +0530 2 the spot, surrounded and apprehended the person. On inquiry, he disclosed his name as Arjun Yadav, and he failed to produce any valid license or documents for the knife after notice. 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 on the date of incident applicant was stopped during vehicle checking and despite producing all valid documents, the police officials demanded illegal money, upon refusal to pay the said amount, the applicant was falsely implicated in crime in question. It is further contended that there are two criminal antecedents registered against the present applicant, and details of the same are mentioned in the bail application at paragraph No. 4(A) in the bail application. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 08.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are two criminal antecedents registered against the present applicant, out of which only one case bearing crime No. 127 of 2024 for offence under Section 294, 323, 34, 436, 506 part (II) of IPC and in another case applicant has been acquitted. She further submits that in-compliance of this Court’s order dated 09.04.2026, learned counsel for the applicant has filed correct bail rejection order with the covering memo. She also submits that the charge-sheet has been filed in this case before the competent Court. 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 that there are two criminal antecedents registered against the present applicant, out of which only one case bearing crime No. 127 of 2024 for offence under Section 294, 323, 34, 436, 506 part (II) of IPC and in another case applicant has been acquitted, charge-sheet has been filed against the applicant, the applicant is in jail since 08.03.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Arjun Yadav, involved in Crime No.136/2026, registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 25, 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, proclamation under Section 84 of BNSS. is issued 4 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 Vaishali