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2026 DAILYLAW 31192 (CHH)

SUNIL JAISWAL v. STATE OF CHHATTISGARH

MCRC/7149/2026 · 2026-08-04

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1 CGHC010288132026 2026:CGHC:34208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7149 of 2026 Sunil Jaiswal S/o Ganesh Jaishwal Aged About 28 Years R/o Nandi, Chowk Mahalpara P.S. And District Mungeli C.G. ... Applicant versus State Of Chhattisgarh Through -S.H.O. City Kotwali Mungeli District Mungeli C.G. ...Non-applicant For Applicant : Mr. Dushyant Dayal, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 05.08.2026 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. 124/2026 registered at Police Station – City Kotwali Mungeli District Mungeli (C.G.), for the offences punishable under Sections 25 and 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.06 10:59:13 +0530 2 2. The prosecution case, in brief, is that as per the case diary, the present applicant was allegedly found in possession of a sharp-edged knife. It is alleged that the said knife was seized from the possession of the applicant, pursuant to which the aforesaid offence was registered against him. 3. Learned Counsel for the applicant submits that the applicant is innocent and has neither committed nor participated in any act constituting the alleged offence. It is further submitted that the material and evidence collected by the prosecution are not prima facie sufficient to establish the applicant's involvement in the alleged offence. Learned Counsel further submits that the co-accused has already been granted bail by this Court in M.Cr.C. No. 6336 of 2026 and the case of the present applicant is similar in nature; therefore, the applicant is also entitled to the benefit of parity. It is also submitted that the applicant has been in judicial custody since 04.04.2026 and that the trial is likely to take considerable time. On these grounds, learned Counsel prays that the applicant may kindly be enlarged on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has nine previous criminal antecedents and that the charge-sheet has already been filed before the competent Court. Therefore, considering the criminal antecedents of the applicant and the stage of investigation, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case as the co-accused person, namely, Anand @ Bhurwa, has already been granted regular bail by this Court vide order dated 16.07.2026 passed in MCRC No. 6336 of 2026, moreover, the fact that the charge - sheet has already been submitted in the present case before the competent Court and he has been in jail since 04.04.2026, conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case on the ground of parity. 7. Let the Applicant – Sunil Jaiswal, involved in Crime No. 124/2026 registered at Police Station – City Kotwali Mungeli District Mungeli (C.G.), for the offences punishable under Sections 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond with two local 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 his 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 4 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 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 Vaibhav