[Cites 2, Cited by 0]
Chattisgarh High Court
Jatindas Manikpuri vs State Of Chhattisgarh on 23 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
Digitally signed
by ABHISHEK 2026:CGHC:13813
SHRIVAS
ABHISHEK
SHRIVAS Date:
2026.03.23
17:39:58
NAFR
+0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2648 of 2026
Jatindas Manikpuri S/o Late Rajudas Manikpuri Aged About 27 Years R/o
Gokulpur Ward, Gokul Vatika, Dhamtari, Tehsil An Dist. Rajnandgaon.
... Applicant
versus
State of Chhattisgarh Though Police Station, Kotwali District Rajnandgaon,
(C.G.)
... Non-applicant
For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate
For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
23.03.2026
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, 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.
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. He further submits
that the name of the present applicant has not been mentioned in the
FIR, and that the applicant has been implicated only on the basis of the
memorandum statement of co-accused persons. He also submits that no
recovery of the aforesaid pistol has been made from the possession of
the present applicant. He further submits that the applicant has no
criminal antecedents and has been in custody since 13.02.2026. As the
conclusion of the trial is likely to take some time, he prays for grant of
regular bail to the applicant.
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 diary.
6. Considering the submissions made by learned counsel for the applicant,
and the fact that the charge-sheet has not yet been submitted before the
competent Court in the present case, and upon perusal of the case diary,
this Court finds that the name of the applicant is not mentioned in the FIR
and his implication appears to be based only on the memorandum
statement of co-accused persons. Further, no recovery of the alleged
pistol has been made from the possession of the applicant. Moreover, the
applicant is stated to have no criminal antecedents and has been in
custody since 13.02.2026. Taking into consideration the aforesaid facts
and circumstances of the case, and also the fact that the conclusion of
the trial is likely to take some time, without commenting on the merits of
the case, this Court is inclined to allow the bail application.
7. Let applicant, Jatindas Manikpuri, 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
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
