SUMIT PANDEY vs STATE OF CHHATTISGARH

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CGHC010335732026 2026:CGHC:38845
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 8134 of 2026
Sumit Pandey S/o Late Yogendra Pandey Aged About 34 Years Resident Of
Panara Para, Jagdalpur, District- Bastar (C.G.)
... Applicant
versus
State Of Chhattisgarh Through The Station House Officer, Jagdalpur, District
– Bastar (C.G.)
---- Non-applicant
For Applicant : Mr. Manish Nigam, Advocate.
RAJSHEKHAR
SONI
For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer.
Digitally signed
by
RAJSHEKHAR
SONI
Hon'ble Shri Ramesh Sinha , Chief Justice
Order on Board
02.09.2026
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.
237/2026, registered at Police Station – Jagdalpur, District – Bastar
(C.G.) for the offence punishable under Sections 25 and 27 of the Arms
Act.
The case of the prosecution, is that on the date of incident, a secret
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information was received by the Police of Police Station concerned,
that an unknown person is threatening the bystanders by showing knife
near Samund Chowk, when the Police reached to the spot, the
accused was caught from the spot when he was trying to flew away
from the scene of crime. On the basis of the same, the crime was

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registered and the applicant was arrested. Hence, this application.
It is argued by the learned counsel for the applicant that the applicant is
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innocent and has been falsely implicated in this case and there are a
total of 5 criminal antecedents of the applicant out of which only one is
of similar nature. It is further submitted that the charge-sheet has been
filed in this case. The applicant is in jail since 30.05.2026 and trial is
likely to take quite long time for its conclusion, therefore, he prays for
grant of bail.
4. On the other hand, the learned State counsel opposes the bail
application and submits that there are a total of 5 criminal antecedents
of the applicant out of which one is of similar nature, the charge-sheet
has been filed in this case, and the applicant is not entitled for grant of
bail.
I have heard learned counsel for the parties and perused all of the
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documents available on record.
Taking into consideration the facts and circumstances of the case,
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nature and gravity of allegation levelled against the applicant and the
fact that there are a total of 5 criminal antecedents of the applicant out
of which only one is of similar nature, the charge-sheet has been filed
in this case, the applicant is in jail since 30.05.2026 and conclusion of
the trial is likely to take some time, I am inclined to allow this
application.
7. Accordingly, the instant bail application is allowed.
Let applicant – Sumit Pandey , involved in Crime No. 237/2026,
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registered at Police Station – Jagdalpur, District – Bastar (C.G.) for the
offence punishable under Sections 25 and 27 of the 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 court to treat such default as abuse
of liberty of bail and proceed against him in
accordance with law.

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Office is directed to send a certified copy of this order to the trial Court
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concerned for necessary information and compliance forthwith.
Sd/-
(Ramesh Sinha)
Chief Justice
Rajshekhar