[Cites 1, Cited by 0]
Chattisgarh High Court
Adil Khan vs State Of Chhattisgarh on 18 March, 2026
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 Officer, Police Station Tarbahar,
District Bilaspur, Chhattisgarh.
... Non-applicant
For Applicant : Ms. Megha Mishra, Advocate.
For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer.
Digitally signed
by ABHISHEK Hon'ble Mr. Ramesh Sinha, Chief Justice
ABHISHEK SHRIVAS
SHRIVAS Date:
2026.03.19
15:04:01 +0530
Order on Board
18.03.2026
1.
This is the first bail application filed 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 offence
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 effect 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
Section 25 of the Arms Act, and upon completion of the investigation, the
prosecution agency filed a charge sheet against the present applicant for
the said offence.
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 five 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 fine, 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 filed before the
competent Court. She further submits that, in view of the criminal
antecedents of the applicant, which demonstrate that he is a habitual
offender, 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 five 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 fine, 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
considering that the charge-sheet has been filed 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
offence 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 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 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
Abhishek
