1 2026:CGHC:1689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 281 of 2026 Ankur Rathore S/o Shri Jeevrakhan Rathore Aged About 20 Years R/o Amhapara Sivni, Police Station Champa, District- Janjgir -Champa (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Champa, District- Janjgir -Champa (C.G.) ... Non-applicant For Applicant : Mr. Vivek Kumar Shrivastava, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 493/2025 registered at Police Station – Champa, District Janjgir - Champa (C.G.) for the offence punishable under Sections 25(1)(1-B)(b) and 27 of the Arms Act. 2. The case of the prosecution, in brief, is that on 26.10.2025 at about 13:13 hours, the applicant was found in illegal possession of a sharp-edged farsa with a wooden handle, having a total length of 16 inches, blade length of 7 inches, and width of 4 inches. It is alleged that the applicant was brandishing the said weapon and thereby intimidating the public. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.13 12:04:35 +0530 2 After completion of the investigation, the charge-sheet has been filed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant has only 02 criminal antecedents, 01 case is under the IPC and another case is under the Excise Act, and explanations in respect thereof have been furnished in paragraph 4(a) of the present bail application. It is also submitted that the applicant has been in judicial custody since 26.10.2025. On these grounds, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that, in view of the criminal antecedents of the applicant, which demonstrate that he is a habitual offender, he is not entitled to the grant of regular 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, namely that the applicant has 02 criminal antecedents, 01 case is under the IPC and another case is under the Excise Act, and explanations in respect thereof have been furnished in paragraph 4(a) of the present bail application and further considering that the charge-sheet has been filed before the competent Court and that the applicant has been in judicial custody since 26.10.2025, and that the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Ankur Rathore, involved in Crime No. 493/2025 registered at Police Station – Champa, District Janjgir - Champa (C.G.) 3 for the offence punishable under Sections 25(1)(1-B)(b) and 27 of the 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 sufÏcient 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 sufÏcient cause, then it shall be open for the trial court to 4 treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce 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 Abhishek