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2026 DAILYLAW 12276 (CHH)

RAHUL TIWARI v. STATE OF CHHATTISGARH

MCRC/3100/2026 · 2026-05-04

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Judgment text

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1 2026:CGHC:20995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3055 of 2026 Ishan Singh Mandloi S/o B.L. Mandloi Aged About 32 Years R/o Rama Life City, Sakri, Police Station- Sakri, Distt. Bilaspur (CG) --- Applicant versus State Of Chhattisgarh Through SHO, Poilce Station- Sakri, District – Bilaspur (CG) --- Non-applicant Along with MCRC No. 3100 of 2026 Rahul Tiwari S/o. Rajesh Tiwari Aged About 26 Years R/o- Uslapur, P.S.- Sakri, Dist- Bilaspur, Chhattisgarh. ---Applicant Versus State Of Chhattisgarh Through- Poilce Station- Sakri, District – Bilaspur (CG) ---- Non-applicant For Applicants : Mr. Vaibhav A. Goverdhan and Mr. Shiv Sewak Manjhi, Advocates for respective parties. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.05.2026 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 198/2026, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act, and Sections 25 and 27 of Arms Act and Section 185 of Motor RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Vehicles Act, respectively. 2. The case of the prosecution, is that on 25.02.2026 during the patrolling a secret information was received by the Police of Police Station concerned, one Thar bearing registration No. CG/10/BW/6664, occupied by 3 accused persons has met with an accident and they are trying to fled away, after interception near Aasma City, Phase – 2, Mendra Road, all 3 accused persons found in possession of one knife each, and when they were served notice under Section 94 of BNSS, they failed to produce any documents regarding the said knives. Hence, this application. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case and there are 3 criminal antecedents of the applicant Ishan Singh Mandloi and there are 4 criminal antecedents of the applicant Rahul Tiwari which have been disposed of. The applicants are in jail since 26.02.2026 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 3 criminal antecedents of the applicant Ishan Singh Mandloi and there are 4 criminal antecedents of the applicant Rahul Tiwari, therefore, the applicants are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that there are 3 criminal antecedents of the applicant Ishan Singh Mandloi and there are 4 criminal antecedents of the applicant Rahul Tiwari which have been disposed of, the applicants are in jail since 26.02.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicants, Ishan Singh Mandloi and Rahul Tiwari, involved in Crime No. 198/2026, registered at Police Station – Sakri, District – Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act, and Sections 25 and 27 of Arms Act and Section 185 of Motor Vehicles Act, respectively, 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 and the applicant fails to appear before the court on 4 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 Rajshekhar