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2026 DAILYLAW 6085 (CHH)

SANJAY SONKAR v. STATE OF CHHATTISGARH

MCRC/3061/2026 · 2026-04-07

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Judgment text

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1 2026:CGHC:16125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3061 of 2026 Sanjay Sonkar S/o Kallu Bole Aged About 46 Years Resident Of Near Darga Bada Dayalband, Police Station City Kotwali, District- Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, District – Bilaspur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Aakash Singh, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.04.2026 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. 80/2026, registered at Police Station – City Kotwali, District – Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. The case of the prosecution, is that on dated 02.02.2026 the staff of Police Station City Kotwali was on town patrolling in between they got information from their informant that a person near Dayalband Gurunanak School on main road have kept a sword in his hand and his threatening the passerby. On getting the information the police staff reached to the crime spot then they saw a person who have kept knife in his hand and was swinging the knife and also shouting loudly who RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 ran away when saw the police. After that Police siege him and asked his name, the person told his name as Sanjay Sonkar, son of Kallu Sonkar, aged about 45 years, resident of Dayalband, Near Durga Mandir, Police Station City Kotwali, District Bilaspur. Notice of Section 94 of BNSS, was served to the accused but the accused was unable to provide the documents regarding the knife he kept in hand. 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 4 criminal antecedents of the applicant out of which 2 have been disposed of. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 02.02.2026 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 4 criminal antecedents of the applicant, 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 4 criminal antecedents of the applicant out of which 2 have been disposed of, charge-sheet has been filed against the applicant, the applicant is in jail since 02.02.2026 and conclusion of the 3 trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sanjay Sonkar, involved in Crime No. 80/2026, registered at Police Station – City Kotwali, District – Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 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 4 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