1 2026:CGHC:17254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3036 of 2026 Umesh Sahu @ Bablu S/o Late Tekram Sahu Aged About 26 Years R/o Village - Gokulpur Ward Gokulvatika, Police Station Rudri, District - Dhamtari Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer Of Police Station Kotwali Rajnandgaon, District Rajnandgaon Chhattisgarh ... Non-applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate For Non-applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 15.04.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 107/2026 registered at Police Station : Kotwali Rajnandgaon, District Rajnandgaon (C.G.) for the offence punishable under Sections 111 of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.16 12:04:25 +0530 2 2. As per the prosecution story, on 12.02.2026 at about 19:30 hours, the Police Outpost Chikhli, Police Station Kotwali, District Rajnandgaon, received secret information through an informant that Shivam Sinha alias “Charlie”, along with his associates, was present near Dabba Maidan Kabristan, Shankarpur, and was brandishing a pistol and country-made firearms to threaten local residents. Acting upon the said information, the police recorded an entry in the rojnamcha, prepared a mukhbir panchnama, and proceeded to the spot along with staff and independent witnesses. Upon reaching the spot, four persons were found present who, on seeing the police party, attempted to flee but were apprehended after a due chase. On inquiry, they disclosed their names as (1) Shivam Sinha alias Charlie, (2) Digambar Sahu, (3) Sevak alias Dala Kashyap, and (4) Shiva alias Gunjesh Verma. During the personal search conducted in the presence of witnesses, one pistol with a black grip and yellow star mark, along with an empty magazine and one live cartridge, was recovered from Shivam Sinha. From Digambar Sahu, one country-made katta (desi pistol) was recovered. Seizure memos were prepared on the spot in accordance with law. Accordingly, Crime No. 107/2026 was registered at Police Station Kotwali, District Rajnandgaon, for offences under Sections 25 and 27 of the Arms Act and Section 111 of the Bharatiya Nyaya Sanhita. The accused persons were arrested, and the seized weapons were taken into custody for further investigation. 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 a permanent resident of District Dhamtari, whereas the 3 alleged incident pertains to District Rajnandgaon, which itself casts serious doubt on the prosecution story. There is no specific or credible allegation against the applicant, and he has been implicated merely on suspicion without any cogent evidence. The applicant’s name does not even find mention in the FIR, and the same appears to have been lodged without proper investigation or collection of sufficient material evidence. Even otherwise, the essential ingredients of the alleged offences are not made out against the applicant. It is further submitted that similarly placed co-accused have already been granted bail by this Hon’ble High Court in M.Cr.C. No. 2648/2026 vide order dated 23.03.2026. The investigation is still incomplete, the charge-sheet has not yet been filed, and the case is triable by the Judicial Magistrate; thus, further detention of the applicant would serve no useful purpose, particularly when there is no likelihood of him influencing the prosecution case. The applicant has been in judicial custody since 13.02.2026, and the trial is likely to take considerable time to conclude. The applicant has not committed any act of cheating, no incriminating article has been seized from him, and he is working as a peon in a bank with no knowledge of the alleged transaction. The applicant reserves the right to raise additional grounds at the time of arguments and undertakes to abide by all the conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that in the present case, the charge-sheet has not submitted before the competent Court. 5. I have heard learned counsel for the parties and perused the case 4 diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, and the fact that the co-accused, namely Jatindas Manikpuri, has already been granted bail vide order dated 23.03.2026 passed in MCRC No. 2648 of 2026, and further considering that the charge-sheet has already been filed before the competent Court, that the applicant have been in judicial custody since 13.02.2026, and that the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail in the present case. 7. Let applicant, Umesh Sahu @ Bablu, involved in Crime No. 107/2026 registered at Police Station : Kotwali, District Rajnandgaon (C.G.) for the offence punishable under Sections 111 of the Bhartiya Nyaya Sanhita, 2023 and Sections 25 and 27 of the Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 5 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 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