1 CGHC010271082026 2026:CGHC:30201 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C No.6367 of 2026 Vikas Nirmalkar S/o Sheru Nirmalkar Aged About 28 Years R/o Chhota Bhawani Nagar, Kota, Tahsil And District Raipur, C.G. ... Applicant versus State Of Chhattisgarh Through- Police Station Saraswati Nagar, Raipur, District Raipur, C.G. ... Non-applicant _____________________________________________________ For Applicant :Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State :Ms. Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.07.2026 1. The Applicant has preferred this 1st Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.103/2026 registered at Police SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.16 16:28:59 +0530 2 Station Saraswati Nagar, Raipur, District Raipur (C.G.), for the offences under Sections 25 and 27 of Arms Act. 2. The prosecution case, in brief, is that on 22.05.2026, the police of Police Station Saraswati Nagar, Raipur received secret information that the present Applicant was standing beneath the Kukurbeda Overbridge on the road leading towards Dumar Talab while carrying a knife, brandishing it and intimidating passersby. Acting upon the said information, the police associated independent witnesses, prepared the requisite panchnama, and proceeded to the spot. There, the Applicant was allegedly found waving a sharp-edged iron knife and creating fear among the public. Upon being apprehended, he disclosed his name and during search, one sharp-edged iron knife was allegedly recovered from his possession. As the Applicant failed to produce any valid licence or authorization for possessing the said weapon, the knife was seized. Based on these allegations, the offences as mentioned above, have been registered against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that no knife or pistol has been recovered from the possession of the Applicant, he has 3 previous cases registered at the same police station and owing to such antecedents, he has been falsely implicated to harass him. It is also submitted that the investigation has been completed, the charge-sheet has been filed and the Applicant has been in judicial custody since 22.05.2026. It is argued that the Applicant has been arrested merely on suspicion and that the alleged offences are triable by the learned JMFC and the trial is likely to take considerable time for its conclusion, therefore, he may be enlarged on regular bail. 4. Per contra, learned State Counsel opposes the bail application and submits that the Applicant has two previous criminal antecedents, one registered in the year 2020 under the IPC and another in the year 2022 under the Excise Act. It is further submitted that a knife was recovered from the possession of the Applicant, therefore, his bail application may be rejected. 5. Considering the submissions advanced by learned Counsel for the parties, the nature of allegations, the material available in the case dairy, the period of custody of the Applicant since 22.05.2026, the fact that the alleged offences are triable by the learned JMFC and that the trial is likely to take considerable time for its conclusion and without further 4 commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to allow the application. Accordingly, the bail application is allowed. 6. Let Applicant-Vikas Nirmalkar involved in Crime No. 103/2026 registered at Police Station Saraswati Nagar, Raipur, District Raipur (C.G.), for the offences under Sections 25 and 27 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/s shall file an undertaking to the effect that he/they 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/s shall remain present before the trial court on each date fixed, either personally or through his/their counsel. In case of his/their absence, without sufficient cause, the trial court may proceed against him/them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant/s misuse/s the liberty of bail during trial and in order to secure his/their presence, proclamation under Section 84 of BNSS. is issued and the applicant/s fail/s to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/them, in accordance with law, under Section 209 of the 5 Bharatiya Nyaya Sanhita. (iv) The applicant/s 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/s 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/them in accordance with law. 7. 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 Priya