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2026 DAILYLAW 5714 (CHH)

ADIL KHAN v. STATE OF CHHATTISGARH

MCRC/1711/2026 · 2026-03-17

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Judgment text

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1 2026:CGHC:13006 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1711 of 2026 Adil Khan S/o Shri Late Rahim Khan Aged About 25 Years R/o Bajrang Chowk Talapara P.S. Civil Lines, Tahsil And District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House O0cer, Police Station Tarbahar, District Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Ms. Megha Mishra, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.03.2026 1. This is the 6rst bail application 6led 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. 250/2025 registered at Police Station – Tarbahar, District Bilaspur (C.G.) for the o<ence punishable under Section 25 of the Arms Act. 2. The prosecution story, in brief, is that on 05.08.2025, the patrolling team received secret information to the e<ect that the present applicant was standing near the old bus stand and was in possession of a knife. On the basis of the said information, a search was conducted, and a knife was seized from his possession. Thereafter, a crime was registered under ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.03.19 15:04:01 +0530 2 Section 25 of the Arms Act, and upon completion of the investigation, the prosecution agency 6led a charge sheet against the present applicant for the said o<ence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is further submitted that the applicant has 6ve criminal antecedents under the Gambling Act, NDPS Act, Arms Act, and Excise Act, however, out of the said cases, the applicant has been acquitted in one case, two cases have been disposed of upon payment of 6ne, and only two cases are presently pending. Explanations in respect thereof have been duly furnished in paragraph 4(a) of the present bail application. It is also submitted that the applicant has been in judicial custody since 06.08.2025. On these grounds, learned counsel 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 6led before the competent Court. She further submits that, in view of the criminal antecedents of the applicant, which demonstrate that he is a habitual o<ender, he is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, namely that the applicant has 6ve criminal antecedents under the Gambling Act, NDPS Act, Arms Act, and Excise Act, however, out of the said cases, the applicant has been acquitted in one case, two cases have been disposed of upon payment of 6ne, and only two cases are presently pending and explanations in respect thereof have been furnished in paragraph 4(a) of the present bail application and further 3 considering that the charge-sheet has been 6led before the competent Court and that the applicant has been in judicial custody since 06.08.2025, and that the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Adil Khan, involved in Crime No. 250/2025 registered at Police Station – Tarbahar, District Bilaspur (C.G.) for the o<ence punishable under Section 25 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 6le an undertaking to the e<ect that he shall not seek any adjournment on the dates 6xed 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 6xed, either personally or through his counsel. In case of his absence, without su0cient 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 6xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (iv) The applicant shall remain present, in person, before the trial court on the dates 6xed 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 su0cient 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. O0ce is directed to send a certi6ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek