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2026 DAILYLAW 15233 (CHH)

PRAFULL DAHIRE @ CHEENI v. STATE OF CHHATTISGARH

MCRC/207/2026 · 2026-01-08

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Judgment text

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1 2026:CGHC:1413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 207 of 2026 Prafull Dahire @ Cheeni S/o Late Rahas Lal Dahire Aged About 25 Years R/o Village Manjhava Para, Rajiv Gandhi Chowk, P.S. Civil Line, Tahsil And District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - P.S. - Civil Line, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Vikas Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.01.2026 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.886/2025, registered at Police Station – Civil Line, District - Bilaspur (C.G.) for the offence punishable under Section 25 of Arms Act. 2. The case of the prosecution, in brief, is that on 02.08.2025 a secret information received from the informant that a man was having sharp axe in a public place near Rajiv Gandhi Chowk passenger waiting room. Consequently, the Police team arrive on the spot and seized the said PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.01.09 17:54:53 +0530 2 weapon, thereafter the applicant has been arrested. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. It is submitted that no article has been seized from the possession of the applicant. It is also submitted that the applicant has four previous criminal antecedents, out of which two cases are disposed of and two cases are pending, same has been explained in paragraph No. 4a. Of this bail application, further the charge-sheet has already been filed, and the applicant has been in judicial custody since 02.08.2025. The conclusion of the trial is likely to take a considerable amount of time. Therefore, learned counsel prays for the 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 been filed in the present case. She further submits that the applicant has four previous criminal antecedents, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the applicant has four previous criminal antecedents, out of which two cases are disposed of and two cases are pending, further the charge-sheet has already been filed, and the applicant has been in judicial custody since 02.08.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Prafull Dahire 3 @ Cheeni involved in Crime No.886/2025, registered at Police Station – Civil Line, District - Bilaspur (C.G.) for the offence punishable under Section 25 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 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 4 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 Preeti