Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:7321
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1437 of 2026 Dinesh Lalwani Son Of Ramchandra Lalwani Aged About 35 Years Resident Of Sindhi Colony, Bilaspur At Present Resident Of Jorapara, Arvind Nagar, Sarkanda, District Bilaspur Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur (C.G.)
... Respondent(s) For Applicant(s) : Ms. Purnima Singh, Advocate. For Respondent(s) : Ms. Ritika Verma, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 10/02/2026
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 860/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2 Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 25, 27 of Arms Act.
2. Case of the prosecution, in brief, is that the complainant informed the concerned police station that the applicant was moving about at a public place while carrying a knife. Acting on the said information, the police seized the knife from the applicant and registered an offence under Sections 25 and 27 of the Arms Act against him. Hence, the bail application.
3.
Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. She further submits that looking to the material available on record no prima facie case is made out against the applicant. The applicant is in jail since 19.06.2025, the applicant has six criminal antecedents, out of which, three are under the Excise Act of the years 2016 and 2024 and three are under the IPC of the years 2012, 2021 and 2023, further charge- sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant is alleged to have been found carrying a knife at a public place, so far as his criminal antecedents are concerned, applicant has six criminal antecedents, out of which, three are under the Excise Act and
3 three are under the IPC. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 19.06.2025, the fact that though the applicant is alleged to have been found carrying a knife at a public place and the applicant is having criminal antecedents of six cases, out of which, three are under the Excise Act and three are under the IPC, but it is pertinent to note that no injury was caused to any person by him, further charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8.
7. Accordingly, the application is allowed. 8. Let the Applicant-Dinesh Lalwani, involved in Crime No. 860/2025 registered at Police Station Sarkanda, 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
4 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil