1 2026:CGHC:16473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3239 of 2026 Dharmesh Vaishnav @ Koka S/o Kuldas Vaishnav Aged About 22 Years R/o Harshringar Colony, Atal Awas, Rajkishore Nagar, Thana Sarkanda, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Sarkanda, District- Bilaspur (C.G.) ... Respondent(s) For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09/04/2026 1. The applicant has preferred this First Bail Application under MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2026.04.10 17:44:17 +0530 2 Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 988/2025, registered at Police Station- Sarkanda, District- Bilaspur (CG) for the offence punishable under Sections 25 and 27 of Arms Act. 2. The prosecution case, in brief, is that on 19.07.2025, during town patrolling, the police received information that the applicant was present at a public place in R.K. Nagar, brandishing a sharp- edged iron weapon (chopper) and threatening passersby, including women and children. Acting on the said information, the police reached the spot and apprehended the applicant. Upon search, a sharp-edged weapon was recovered from his possession, for which he could not produce any valid license. On this basis, the offence was registered and after completion of investigation, charge-sheet has been filed and the case is pending for trial. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant is in judicial custody for more than six months. The trial is likely to take considerable time for its conclusion. It is further submitted that the applicant is a permanent resident of the address mentioned in the application and is the sole breadwinner of his family. There is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready to abide by all conditions as may be imposed by this Court. 3 4. Learned counsel for the State opposes the bail application and submits that the applicant has criminal antecedents and several cases have been registered against him in the past. It is argued that the applicant is a habitual offender and, if released on bail, there is likelihood of repetition of similar offences and disturbance to public order. 5. I have heard learned counsel for the parties and perused the case diary. 6. It is not in dispute that the applicant has remained in judicial custody for more than six months and the trial is yet to commence/likely to take time for its conclusion. The recovery of the weapon has already been effected and the charge-sheet has been filed, therefore, further custodial interrogation of the applicant is not required. So far as the criminal antecedents of the applicant are concerned, the same cannot be the sole ground for denial of bail, particularly when the trial is likely to take a considerable period. The object of bail is to secure the presence of the accused during trial and not to punish him before conviction. Considering the period of detention, the stage of the trial, and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case to grant bail to the applicant, subject to stringent conditions. 7. Let the Applicant- Dharmesh Vaishnav @ Koka, involved in Crime No. 988/2025, registered at Police Station- Sarkanda, 4 District- Bilaspur (C.G.) for the aforesaid offences be released on bail on their furnishing a personal bond each 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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, 5 under Section 209 of Bhartiya Nyaya Sanhita, 2023. (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 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. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima