1 CGHC010252842026 2026:CGHC:28214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6049 of 2026 Arman Khan S/o Firoz Khan Aged About 20 Years R/o- Karbala Ravidas Chowk, City Kotwali Police Station Bilaspur, District Bilaspur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer City Kotwali Bilaspur, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Yashraj Verma, Advocate. For Respondent(s) : Mr. S.S. Baghel, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/07/2026 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. 0154/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 City Kotwali Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that on 27.02.2026, while patrolling near Sanichari Market ahead of the Holi festival, the police noticed the present applicant allegedly brandishing a sharp steel weapon on the bank of the Arpa River, thereby creating fear among passers-by, including women and children. The police apprehended the applicant, seized the weapon from his possession, and, as he failed to produce any valid licence for the same, registered the FIR for the offences punishable under Sections 25 and 27 of the Arms Act, 1959, and arrested him. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant was not present at the alleged place of occurrence and was arrested from his residence only on account of his past criminal antecedents in purported compliance with the directions issued for maintaining law and order ahead of the Holi festival. He also submits that the prosecution has lodged a false and fabricated case against the present applicant. The applicant is in jail since 27.02.2026, the applicant has five criminal antecedents of the years 2022, 2023 and 2025 under the Arms Act and IPC, out of which, case Crime No.234/2022 has already been disposed, in case Crime 3 No.88/2023, the applicant has been convicted, case Crime Nos.404/2025 and 9/2022 are pending and the status of Crime No.495/2022 is not available, further 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. 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. He further submits that the applicant was found in possession of, and allegedly brandishing, a prohibited sharp- edged weapon in a public place, thereby creating fear among the general public, without possessing any valid licence or authorization. Furthermore, the applicant has five criminal antecedents the years 2022, 2023 and 2025 under the Arms Act and IPC, therefore, the applicant is not entitled for grant of 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, nature and gravity of offence, period of detention of the applicant since 27.02.2026, the fact that though the applicant was found in possession of, and allegedly brandishing, a prohibited sharp- edged weapon in a public place creating public fear, but considering the fact that the applicant has not caused injury to any person, also considering the criminal antecedents of the applicant, which are five in number of the years 2022, 2023 and 2025 under 4 the Arms Act and IPC, out of which, case Crime No.234/2022 has already been disposed, in case Crime No.88/2023, the applicant has been convicted, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Arman Khan, involved in Crime No. 0154/2026 registered at Police Station City Kotwali Bilaspur, District- Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil