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2026 DAILYLAW 350 (CHH)

BHUPENDRA DUBEY @ GOLU @ PANDA DUBEY v. STATE OF CHHATTISGARH

MCRC/2934/2026 · 2026-03-31

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Judgment text

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1 2026:CGHC:15086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2934 of 2026 Bhupendra Dubey @ Golu @ Panda Dubey S/o Shri Ramkumar Dubey Aged About 29 Years R/o Milan Chowk, Kududand Bilaspur Ps Civil Line District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- P.S. Civil Line, Bilaspur, District – Bilaspur (C.G.) ---- Non-applicant For Applicant : Mr. V.S. Mishra, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.04.2026 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. 90/2026, registered at Police Station – Civil Line, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 25 of Arms Act. 2. The case of the prosecution, is that on 18.01.2026 the Police Station concerned has received a secret information from the informant that near the Shri Ram Care Hospital a man carrying arms and threatening the people which were going in that way, acting upon such information Police authority went the place of incident and arrested the applicant with a switch knife from the applicant, and the Police noticed the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant under Section 94 of BNSS for production of document regarding the Arms but there was not document, thereafter, the Police authority took cognizance and lodged the FIR against the applicant and arrested him. 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 6 criminal antecedents of the applicant out of which 3 cases have been disposed of and in 2 cases the applicant is on bail. The applicant is in jail since 19.01.2026 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 6 criminal antecedents of the applicant. It is further submitted that near the Shri Ram Care Hospital the applicant carrying arms and threatening the people which were going on that way, therefore, he 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 6 criminal antecedents of the applicant out of which 3 cases have been disposed of and in 2 cases the applicant is on bail, and the applicant is in jail since 19.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Bhupendra Dubey @ Golu @ Panda Dubey, involved in Crime No. 90/2026, registered at Police Station – Civil Line, Bilaspur, 3 District – Bilaspur (C.G.) for the offence punishable under Section 25 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 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. 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 Rajshekhar