Facts
The applicant was arrested on 03.02.2026 following a police search near Sirsa Gate, Bhilai-3, where a 12-inch sharp-edged knife was recovered from his possession
Source reference: para 2He was charged under Section 25 of the Arms Act in connection with Crime No. 80/2026
Source reference: para 2The applicant has been in custody since 03.02.2026
Source reference: para 3Procedural history shows the applicant has four criminal antecedents from 2016, 2017, and 2020 under the IPC; two cases are disposed of (one resulting in conviction), and one case from 2020 remains pending
Source reference: para 3The investigation is complete, and a charge-sheet has been filed
Source reference: para 2Issues
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering his period of detention and criminal history
Source reference: para 1, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail
Source reference: para 1The substantive charge was under Section 25 of the Arms Act
Source reference: para 1procedural requirements for trial attendance and consequences for non-compliance under Sections 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS) and the BNSS
Source reference: para 8Reasoning
The Court evaluated the nature and gravity of the offense alongside the applicant's 40-day detention period
Source reference: para 6Although the applicant was found with a lethal weapon and possessed a criminal record, the Court noted that he had not caused actual injury to any individual in the present instance
Source reference: para 6The Court observed that since the charge-sheet has already been filed and the trial is expected to take significant time, continued incarceration was not necessary
Source reference: para 3, 6The Court mitigated the risk posed by the applicant's criminal antecedents by imposing stringent conditions, including a prohibition on seeking adjournments and mandatory personal appearance during key trial stages such as framing of charges and recording of statements under Section 351 of the BNSS
Source reference: para 8Holding
The Court allowed the application and granted regular bail to the applicant
The holding directed the applicant's release upon furnishing a personal bond with two sureties
Source reference: para 8The relief is contingent upon strict conditions: the applicant must not seek adjournments when witnesses are present [para 8(i)], must appear on every trial date [para 8(ii)], and must be personally present for the framing of charges and recording of statements [para 8(iv)]
Source reference: para 8Any violation of these conditions allows the trial court to treat the default as an abuse of liberty and proceed in accordance with law
Source reference: para 8Acts & Sections Cited
6 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20233
Arms Act, 19591
Bharatiya Nyaya Sanhita, 20232
Original Court PDF
JACKIE SINGHvsSTATE OF CHHATTISGARH
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