1 2026:CGHC:13249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1834 of 2026 Ajay Sahu S/o Shri Ramu Sahu Aged About 32 Years R/o Tikrapara, P.S. City Kotwali, Tahsil Bilaspur, Distt. Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station City Kotwali, Distt. Bilaspur, Chhattisgarh. ...Non-applicant For Applicant : Mr. Krishna Kumar Khatri, Advocate For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 19.03.2026 1. This is the first bail application filed 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. 21/2026 registered at Police Station - City Kotwali, District. Bilaspur (C.G.), for the offences punishable under Sections 25 and 27 of the Arms Act. 2. The prosecution story, in brief, is that that upon receipt of information VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.03.20 13:04:23 +0530 2 and subsequent investigation, it was found that the present applicant/accused, armed with a sword, assaulted the complainant and created fear and threat to life and public safety; accordingly, a case bearing Crime No. 21/2026 was registered against him under Sections 25 and 27 of the Arms Act, and during investigation the police collected material evidence, recorded statements of witnesses, and seized the weapon used in the offence, which prima facie established the involvement of the accused; thereafter, the accused was arrested and remanded to judicial custody at District Bilaspur (Chhattisgarh), and upon completion of investigation, a charge-sheet has been filed before the Court of learned Ninth Additional Sessions Judge, Bilaspur, which is presently under consideration, and the present bail application has been filed before the Hon’ble High Court of Chhattisgarh, Bilaspur. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present offence. It is further submitted that the applicant is in judicial custody since 13.01.2026 and the alleged offence under Sections 25 and 27 of the Arms Act is not punishable with death or life imprisonment, and the trial is likely to take considerable time before the learned JMFC, Bilaspur (Chhattisgarh). It is also contended that continued incarceration of the applicant is unwarranted as prolonged custody would adversely affect his mental condition due to exposure to hardened criminals, and his detention has caused severe hardship to his dependent family members, creating a situation of financial distress and irreparable loss. It is further submitted that though the applicant has nine criminal antecedents, out of which five have 3 already been disposed of, the remaining cases are still pending trial and do not disentitle the applicant from grant of bail. It is also submitted that this is the first bail application of the applicant and the same has neither been filed nor rejected earlier before any Court. The applicant is a permanent resident of the given address, has roots in society and sufficient movable/immovable property, and there is no likelihood of absconding or tampering with prosecution evidence or influencing witnesses. The applicant undertakes to fully cooperate with the investigation/trial and is ready to appear before the competent Court on all dates as may be directed by this Hon’ble Court; therefore, he is entitled to be released on bail. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been filed in the present case and the applicant has nine criminal antecedents; therefore, the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and further taking into account that the charge-sheet has already been filed before the competent Court and and that the applicant has remained in judicial custody since 13.01.2026, and as the conclusion of the trial is likely to take some time, this Court is inclined to grant regular bail to the present applicant. 7. Let the Applicant – Ajay Sahu, involved in Crime No. 21/2026 4 registered at Police Station - City Kotwali, District. Bilaspur (C.G.), for the offences punishable under Sections 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond 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 his 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 Vaibhav