Citation : 2026 Latest Caselaw 771 Chatt
Judgement Date : 19 March, 2026
1
2026:CGHC:13170
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2611 of 2026
Vishal Dahriya @ Golu S/o Dinesh Dahirya Aged About 23 Years R/o Minibasti,
Jarhabhata, P.S. Civil Line District .Bilaspur, Chhattisgarh
... Applicant
versus
State of Chhattisgarh Through Police Station Civil Line, Distt. Bilaspur
Chhattisgarh
... Non-applicant
For Applicant : Mr. Vidya Bhushan Soni, Advocate.
For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
Digitally signed
by ABHISHEK
ABHISHEK SHRIVAS
19.03.2026
SHRIVAS Date:
2026.03.19
18:20:42 +0530
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. 967/2025 registered
at Police Station - Civil Line, District Bilaspur (C.G.) for the offence
punishable under Section 25 and 27 of the Arms Act.
2. The prosecution story in brief is that police officials have received the
secret information that on dated 23/08/2025 the present applicant was
threatening and intimidating the general public and passer by, near Mini
Basti Jarhabhata, sulabh Mangal Bhavan by holding an iron knife with his
hand and after reaching to the incident place, police officials have seized
the knife and arrested the applicant.
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 three criminal antecedents under the the IPC out of which
02 cases have been disposed of and 01 case is still 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 23.08.2025. 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 three criminal antecedents under the the IPC out of which
02 cases have been disposed of and 01 case is still 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 23.08.2025, 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 - Vishal Dahriya @ Golu, involved in Crime No.
967/2025 registered at Police Station - Civil Line, District Bilaspur (C.G.)
for the offence punishable under Section 25 and 27 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
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