1 CGHC010152572026 2026:CGHC:28243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3784 of 2026 Nihal @ Lallu Yadav S/o Late Pawan Kumar Yadav Aged About 23 Years R/o Ward No. 02, Bazarpara, Sakri, Distt. Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station - Sakri, District Bilaspur Chhattisgarh ... Respondent(s) For Applicant : Shri Hemant Kesharwani, Advocate. For Non-Applicant : Shri Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/07/2026 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.214/2026 registered at Police Station Sakri District Bilaspur (C.G.) for the offence under Sections 25 & 27 of the Arms Act. 2. The prosecution case, in brief, is that on 1.3.2026, the concerned Head Constable, who was posted in PS Sakri, was on his way KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.09 19:11:44 +0530 2 with his staff to collect information regarding some crime. He came to know from the informant that an unknown person was waving knife and was threatening the passerby in Sakri Market. Thereafter he served notice to the concerned staff and witnesses and prepared the Mukhbir Suchna Panchanama. Thereafter they went to the place where the said unknown person was waving knife and was threatening the passerby. On being asked, the said person disclosed his name as Nihal Yadav and from whom one knife was seized and he was unable to prove any legal paper regarding the said knife. Thereafter the FIR was registered against the applicant. Hence the bail application. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the crime. The concerned Police has registered the crime only on the basis of secret information. There is no allegation against the present applicant that he has threatened any person or looted some property on the point of knife. The police has arrested the applicant only on the basis of criminal antecedents. The applicant has 3 criminal antecedents under the IPC and BNS, out of which one case has already been disposed of and two cases are pending. The applicant is in jail since 1.3.2026. Therefore, the applicant may be released on bail. 4. On the other hand, learned counsel appearing for the State/non- applicant would oppose the bail application and submit that the applicant has 3 criminal antecedents under the IPC and BNS, out 3 of which one case has already been disposed of and 2 cases are pending, and the charge sheet has been submitted against the applicant. Therefore, the bail application may be rejected. 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, and the fact that the charge sheet has already been submitted against the applicant, applicant has 3 criminal antecedents under the IPC and BNS, out of which one case has already been disposed of and only 2 cases are pending, which is mentioned in the bail application, the applicant is in jail since 1.3.2026 and conclusion of trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Nihal @ Lallu Yadav, involved in Crime No. 214/2026 registered at Police Station Sakri, District Bilaspur (C.G.) for the offence under Section 25 & 27 of the Arms Act, 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, 4 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against them 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 applicants are 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 5 against them 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. - Sd/- (Ramesh Sinha) Chief Justice Barve