Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 34231 (CHH)

SUMIT PANDEY v. STATE OF CHHATTISGARH

MCRC/8134/2026 · 2026-09-01

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010335732026 2026:CGHC:38845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8134 of 2026 Sumit Pandey S/o Late Yogendra Pandey Aged About 34 Years Resident Of Panara Para, Jagdalpur, District- Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Jagdalpur, District – Bastar (C.G.) ---- Non-applicant For Applicant : Mr. Manish Nigam, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.09.2026 1. The applicant has preferred this First 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. 237/2026, registered at Police Station – Jagdalpur, District – Bastar (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, is that on the date of incident, a secret information was received by the Police of Police Station concerned, that an unknown person is threatening the bystanders by showing knife near Samund Chowk, when the Police reached to the spot, the accused was caught from the spot when he was trying to flew away from the scene of crime. On the basis of the same, the crime was RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 registered and the applicant was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are a total of 5 criminal antecedents of the applicant out of which only one is of similar nature. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 30.05.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are a total of 5 criminal antecedents of the applicant out of which one is of similar nature, the charge-sheet has been filed in this case, and the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are a total of 5 criminal antecedents of the applicant out of which only one is of similar nature, the charge-sheet has been filed in this case, the applicant is in jail since 30.05.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Accordingly, the instant bail application is allowed. 8. Let applicant – Sumit Pandey, involved in Crime No. 237/2026, 3 registered at Police Station – Jagdalpur, District – Bastar (C.G.) for the offence punishable under Sections 25 and 27 of the 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 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 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 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. 4 9. 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 Rajshekhar