1 2026:CGHC:24423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5203 of 2026 Shivam Sinha @ Charlie S/o- Rikhiram Sinha Aged About 26 Years Resident Of Gaura Chaura, Ward No.09, Shankarpur, Police Outpost Chikhli, District- Rajnandgoan (C.G.) (Correct Name) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Kotwali, District- Rajnandgaon (C.G.) ... Non-Applicant For Applicant : Mr. Aditya Bhardwaj, Advocate For Non-Applicant/State : Mr. Saumya Rai, Deputy Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2026 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. 107/2026 registered at Police Station- City Kotwali, District- Rajnandgaon, (C.G.) for the offence punishable under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act, 1959. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. As per the prosecution case, on 12.02.2026 at about 19:30 hours, Police Outpost Chikhli, Police Station Kotwali, District Rajnandgaon, received secret information from an informant that the present applicant, namely Shivam Sinha alias “Charlie”, along with his associates, was present near Dabba Maidan Kabristan, Shankarpur, and was allegedly threatening local residents while carrying firearms. Acting upon the said information, the police recorded the same in the rojnamcha, prepared the requisite mukhbir panchnama and proceeded to the spot along with police personnel and independent witnesses. Upon reaching the spot, four persons, namely Shivam Sinha alias Charlie (present applicant), Digambar Sahu, Sevak alias Dala Kashyap and Shiva alias Gunjesh Verma, were allegedly found present and, on noticing the police party, attempted to flee but were apprehended after a chase. During the search conducted in the presence of witnesses, one pistol having a black grip with a yellow star mark, along with an empty magazine and one live cartridge, was allegedly recovered from the possession of the present applicant, whereas one country- made katta (desi pistol) was recovered from co-accused Digambar Sahu. Thereafter, seizure proceedings were carried out and Crime No. 107/2026 was registered at Police Station Kotwali, District Rajnandgaon, for offences punishable under Sections 25 and 27 of the Arms Act and Section 111(3) of the Bharatiya Nyaya Sanhita. The applicant was arrested in connection with the aforesaid crime and has remained in judicial custody since then. Hence, the present bail application. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. It is further submitted that the entire prosecution case is founded upon police proceedings and the alleged recoveries, the veracity and admissibility whereof are matters of evidence to be tested during the course of trial. He further submits that similarly situated co- accused persons, namely, Jatin Das Manikpuri and Umesh Sahu @ Bablu have already been granted bail by this Court vide orders dated 23.03.2026 and 15.04.2026 in MCRC Nos. 2648/2026 and 3036/2026 respectively, and the other co-accused persons namely Ketan Sinha, Gunjesh Verma @ Shiva, Digambar Sahu @ Chotu, Sewak @ Dala Kashyap and Vicky Deshmukh @ Monu have also been granted bail by the learned Sessions Court on the principle of parity. He also submits that the applicant has two previous criminal antecedents which are pending, and he is in jail since 13.02.2026, the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant on the ground of parity. 4. On the other hand, learned counsel for the State opposes the bail application of the applicant and submits that the charge-sheet has been filed before the competent Court, but could not dispute the fact that co-accused persons have already been granted bail by this Court as well as learned Sessions Court and the case of the present applicant is identical to that of the co-accused. 4 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 13.02.2026, the fact that though the present applicant and other co-accused were committed that said crime and one pistol having a black grip with a yellow star mark, along with an empty magazine and one live cartridge, was allegedly recovered from the possession of the present applicant, but also considering the fact that the other co-accused persons, namely, Jatin Das Manikpuri and Umesh Sahu @ Bablu have already been granted bail by this Court vide orders dated 23.03.2026 and 15.04.2026 in MCRC Nos. 2648/2026 and 3036/2026 respectively, and the other co-accused persons namely Ketan Sinha, Gunjesh Verma @ Shiva, Digambar Sahu @ Chotu, Sewak @ Dala Kashyap and Vicky Deshmukh @ Monu have also been granted bail by the learned Sessions Court, and the case of present applicant is identical to that of the co- accused persons, further the applicant has two previous criminal antecedents which is pending, the charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the bail application of the applicant is allowed. Let the Applicant – Shivam Sinha @ Charlie, involved in Crime No. 107/2026 registered at Police Station - City Kotwali, District- Rajnandgaon, (C.G.) for the offence punishable under Section 111(3) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 5 25 & 27 of the Arms Act, 1959, be released on bail on 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 6 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan