Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:18218
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2212 of 2026 • Sahil Gauli @ Mundul S/o Kripal Gauli Aged About 18 Years R/o Near Risaipara Bazaar Chawk, P.S.City Kotwali, Dhamtari, District Dhamtari, Presently Gaulipara Baren Bazaar, District Raipur, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer P.S. Kotwali, District Raipur, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Rohan Kumbhare, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/04/2026
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.0002/2026 registered at Police Station Kotwali, District - Raipur (C.G.) under Sections 25, 27 of Arms Act. 2. As per prosecution case is that On January 3, 2026, the Assistant Sub-Inspector of City Kotwali Police Station, Raipur District, received information from an informant that a man wearing blue jeans, a black shirt underneath, and a khaki hoodie, with a long beard and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.23 12:51:40 +0530
2 moustache, aged approximately 18-20 years, was brandishing a knife and threatening passersby on the road near Nehru Nagar Garden Gate. Upon arriving at the scene, the man matching the description described by the informant was identified, surrounded, and apprehended. A sharp steel knife was recovered from the accused. Upon notice to the accused regarding the possession of the knife, it was noted that he did not possess any license documents. The knife was seized and sealed in the presence of witnesses. The accused's actions were found to be offences under Section 25 and 27 of the Arms Act. 3. It has been argued by learned counsel for the applicant that the applicant has been falsely implicated in this case and no injury has been caused to any person. He also submits that applicant is having total eleven previous criminal cases, out of which only two cases are pending against the applicant and all are mentioned in the additional affidavit. He also submits that the conclusion of the trial is likely to take quite long time and applicant is in jail since 03.01.2026. Therefore, he prays for grant of regular bail to the applicant.
4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that applicant is having total eleven previous criminal cases, out of which only two cases are pending against the applicant and all are mentioned in the additional affidavit filed by the applicant, which is pending and knife has been recovered from the possession of the applicant. She further submits that looking to the conduct of the applicant he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3
6. Taking into consideration the facts and circumstances of the case and also considering the fact no injury has been caused to any person, trial is likely to take some time for its conclusion, he is in jail since 03.01.2026, this Court is of the view that the applicant is entitled to be released on bail in this case
7. Let the Applicant – Sahil Gauli @ Mundul involved in Crime No.0002/2026 registered at Police Station Kotwali, District - Raipur (C.G.) under Sections 25, 27 of Arms Act, be released on bail on his furnishing 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
4 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