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2026 DAILYLAW 6295 (CHH)

PURAN ALIAS MONU SAHU v. STATE OF CHHATTISGARH

MCRC/3147/2026 · 2026-04-07

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Judgment text

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1 2026:CGHC:16196 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3147 of 2026 Puran Alias Monu Sahu S/o Santosh Sahu Aged About 19 Years R/o Ward No. 5, Badal Gali Mahasamund, PS Mahasamund, Tehsil and District - Mahasamund (C.G.) … Applicant versus State of Chhattisgarh Through Police Station Mahasamund, District Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Shubhank Tiwari, Advocate. For Non-Applicant/State : Mr. Shailedra 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. 85/2026, registered at Police Station – Mahasamund, District - Mahasamund (C.G.) for the offence punishable under Section 25 of Arms Act, 1959. 2. As per the brief facts of the prosecution case, upon receiving secret information regarding the creation of nuisance near Sanjay Kanan Garden, the police team conducted a raid at the said place. During the raid, it was alleged that the applicant was found waving a knife and creating a public nuisance. Consequently, the FIR was registered against PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.04.09 13:26:50 +0530 2 the applicant at Police Station - Mahasamund, District - Mahasamund (C.G.). 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that there is no direct and indirect involvement of applicant in the said crime. He was not even present at the spot. He also submitted that the applicant has one previous criminal antecedent which is pending. The same has been explained in paragraph No. 4(a) of this bail application. He later submitted that the charge-sheet has been filed and the applicant is in jail since 20.02.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposed the bail application and submitted that the charge-sheet has already been filed in the present case. He further submitted that the applicant has one previous criminal antecedent. Therefore, it is argued that the applicant is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the charge-sheet has already been filed in the present case, and further the applicant has one previous criminal antecedent and the applicant is in jail since 20.02.2026 and the conclusion of the trial will take some time, this Court is of the opinion that the applicant is entitled to be released on bail in the present case. 7. Accordingly, the bail application is allowed. Let the applicant - 3 Puran Alias Monu Sahu, involved in Crime No. 85/2026, registered at Police Station – Mahasamund, District - Mahasamund (C.G.) for the offence punishable under Section 25 of Arms Act, 1959, 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 4 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 Preeti