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2026 DAILYLAW 33313 (CHH)

DHARAM SONA v. STATE OF CHHATTISGARH

MCRC/6785/2026 · 2026-08-23

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Judgment text

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1 CGHC010284612026 2026:CGHC:37878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6785 of 2026 Dharam Sona S/o Shyam Sona Aged About 19 Years R/o Siddheshwari Mandir Near Sarkari Kunwa, Kota, P.S. Saraswati Nagar, Tahsil And District- Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House O3cer, Police Station Saraswati Nagar, District- Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Rekhraj Baghel, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.08.2026 1. This is the 9rst bail application 9led 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. 92/2026 registered at Police Station – Saraswati Nagar, District - Raipur (C.G.) for the o=ence punishable under Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, in brief, is that the complainant has giving information to the concerned police station that the accused persons were moving knife at open place and on such information, the police has seized knife and has registered the case under section 25, 27 of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.25 11:04:21 +0530 2 Arms Act against the present applicant and another accused person. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the applicant has only 01 criminal antecedent under the BNS which is a pending trial, and explanations in respect thereof have been furnished in Part D of the present bail application. It is also submitted that the applicant has been in judicial custody since 07.05.2026. On these grounds, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has already been 9led before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations, the fact that the charge-sheet has already been 9led and, therefore, further the applicant is languishing in jail since 07.05.2026, the fact that the trial is likely to take considerable time to conclude, therefore, without commenting upon the merits of the case, this Court is of the considered opinion that the applicant deserves to be enlarged on bail. Accordingly, the bail application is allowed. 7. Let the Applicant – Dharam Sona, involved in Crime No. 92/2026 registered at Police Station – Saraswati Nagar, District - Raipur (C.G.) for the o=ence punishable under Sections 25 and 27 of the Arms Act, be released on bail on his 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 9le an undertaking to the e=ect that 3 he shall not seek any adjournment on the dates 9xed 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 9xed, either personally or through his counsel. In case of his absence, without su3cient 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 9xed 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 9xed 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 su3cient 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. O3ce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek