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2026 DAILYLAW 9740 (CHH)

SHUBHAM BAIS v. STATE OF CHHATTISGARH

MCRC/4052/2026 · 2026-04-30

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Judgment text

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1 2026:CGHC:20454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4052 of 2026 Shubham Bais S/o Mahesh Bais Aged About 26 Years R/o Madhuban Road, Muktidham, Near Krishna Gaushala, Police Station - 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. Amit Singh Chauhan, Advocate. For Non-Applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 0 1.05.2026 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. 148/2026, registered at Police Station – City Kotwali, District : Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. As per the prosecution story, in brief, on 26.02.2026, the police of Police Station Kotwali, Bilaspur, received information from an informant that the applicant, armed with a knife, was allegedly threatening persons passing near Madhuban Road, Muktidham, Bilaspur. On the basis of said information, the Police personnel along with witnesses went to the place of incident and arrested the applicant. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.05.02 11:16:56 +0530 2 3. It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has already been filed. Learned counsel also submits that the applicant has five previous criminal antecedents, out of these, he has been acquitted in two cases, one case was compromised in Lok Adalat on 10.05.2025, and the remaining two cases are still pending, as detailed in paragraph no. 4(a) of the bail application. It is further submitted that the applicant has been in judicial custody since 26.02.2026, and the conclusion of the trial is likely to take a considerable amount of time. Therefore, it is prayed that the applicant be enlarged on bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. She further submits that the applicant has five previous criminal antecedents, hence he 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, the charge-sheet has already been filed, further the applicant has five previous criminal antecedents, out of these, he has been acquitted in two cases, one case was compromised in Lok Adalat on 10.05.2025, and the remaining two cases are still pending, as detailed in paragraph no. 4(a) of the bail application and the applicant has been in judicial custody since 26.02.2026, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Shubham Bais, involved in Crime No. 148/2026, registered at Police 3 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 open for the trial 4 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