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2026 DAILYLAW 32725 (CHH)

SONU @ SHRIKANT JAISWAL v. STATE OF CHHATTISGARH

MCRC/6252/2026 · 2026-08-11

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Judgment text

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1 CGHC010247352026 2026:CGHC:35687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6252 of 2026 1 - Sonu @ Shrikant Jaiswal S/o Late Ram Ashray Jaiswal Aged About 34 Years 2 - Rajkumar Khunte S/o Ghanaram Khunte Aged About 35 Years Both are R/o Nayapara Sirgitti, P.S. Sirgitti Tahsil And Distt- Bilaspur (C.G.) ... Applicant(s) versus 1 - State of Chhattisgarh Through Police Station Torwa, District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Hemant Kumar Agrawal, Advocate For Respondent(s)/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/08/2026 1. The present is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), seeking RUCHI YADAV Digitally signed by RUCHI YADAV 2 grant of regular bail to the applicants, who are in judicial custody in connection with Crime No. 287/2026 registered at Police Station Torwa, District- Bilaspur (Chhattisgarh), for the offences punishable under Sections 25, 27 of Arms Act. 2. The prosecution case, as revealed from the case diary, is that on 02.06.2026, the police of Police Station Torwa received information that two persons were threatening passersby with knives at a public place near Sai Hotel, Budhwari Bazaar, Torwa. Acting upon the said information, the police party reached the spot and found two persons openly brandishing knives and threatening people in the public area. The police surrounded and apprehended them. On being asked, they disclosed their names as Sonu alias Shrikant Jaiswal and Rajkumar Khunte. Notices under Section 94 of the Arms Act and the NSS were served upon them, pursuant to which they stated that they were not in possession of any licence or valid document authorising them to possess the said weapons. Accordingly, they were arrested on 02.06.2026. During investigation, one steel knife was seized from the possession of accused Sonu alias Shrikant Jaiswal and another steel knife was seized from the possession of accused Rajkumar Khunte. Consequently, an FIR was registered against both the accused persons for the offences punishable under Sections 25 and 27 of the Arms Act. 3. Learned counsel for the Applicants submits that the Applicants are innocent and have been falsely implicated in the case. It is further submitted that no knife or other incriminating article has been seized from the Applicants and there is no prima facie material to establish their involvement in the alleged offences under Sections 25 and 27 of the Arms Act. The Applicants have been in custody since 02.06.2026, 3 and the trial is likely to take considerable time to conclude. Therefore, considering the period of detention, it is prayed that the Applicants be enlarged on bail. 4. Learned State counsel opposes the bail application and submits that Applicant No. 1 has one criminal antecedent, whereas Applicant No. 2 has no criminal antecedents. It is further submitted that the Applicants were found in possession of knives at a public place. Learned State counsel, therefore, prays for rejection of the bail application. 5. I have heard learned counsel appearing for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature of the allegations, the period of detention of the Applicants since 02.06.2026, and the fact that the trial is likely to take considerable time to conclude, without commenting on the merits of the case, this Court is of the considered view that the Applicants deserve to be enlarged on bail. 7. Accordingly, the bail application is allowed. Let the applicants, namely Sonu @ Shrikant Jaiswal and Rajkumar Khunte involved in Crime No. 287/2026 registered at Police Station Torwa, District- Bilaspur (Chhattisgarh), for the offences punishable under Sections 25, 27 of Arms Act, be released on bail on their furnishing personal bonds with two sureties each in the like sum to the satisfaction of the Court concerned, subject to the following conditions:- (i) The applicants shall file an undertaking to the effect that 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 4 open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 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 them in accordance with law. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 5 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Ruchi