Chhattisgarh High Court

Bail may be granted for Arms Act offences despite criminal antecedents if prior cases are disposed of.

ISHAN SINGH MANDLOI vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: May 05, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants were arrested on 26.02.2026 following a police interception of their vehicle (a Thar, registration No. CG/10/BW/6664) near Aasma City, Bilaspur, after reports of an accident.

Source reference: para 2

During the search, three accused persons were each found in possession of a knife.

Source reference: para 2

Upon being served notice under Section 94 of the BNSS, they failed to produce valid documentation for the weapons.

Source reference: para 2

Consequently, Crime No. 198/2026 was registered at Police Station Sakri for offenses under the Arms Act and Motor Vehicles Act.

Source reference: para 1

The applicants sought regular bail, noting their period of incarceration and that their previous criminal antecedents (3 for Ishan Singh Mandloi and 4 for Rahul Tiwari) had been disposed of.

Source reference: para 3
02

Issues

1. Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering their criminal antecedents and the nature of the allegations

Source reference: para 1, 6
03

Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail.

Source reference: para 1

Sections 25 and 27 of the Arms Act regarding the possession and use of prohibited weapons, and Section 185 of the Motor Vehicles Act regarding driving by a drunken person or under the influence of drugs.

Source reference: para 1

procedural compliance under Sections 94 (summons to produce document), 84 (proclamation for person absconding), 209 (punishment for non-appearance), 269 (non-attendance in obedience to an order from public servant), and 351 (accused's statement) of the BNSS and Bharatiya Nyaya Sanhita (BNS).

Source reference: para 2, 7
04

Reasoning

The court balanced the gravity of the allegations—involving the possession of knives and a vehicular accident—against the procedural status of the case.

Source reference: para 6

Although the State argued for a denial of bail based on the applicants' criminal history (3 and 4 antecedents respectively), the court noted that these previous cases had already been disposed of.

Source reference: para 4, 6

The court reasoned that since the applicants had been in jail since 26.02.2026 and the trial was expected to take a considerable amount of time to conclude, prolonged pre-trial detention was not warranted.

Source reference: para 6

The court determined that the interests of justice would be served by releasing the applicants subject to stringent conditions to ensure their presence during trial proceedings.

Source reference: para 7
05

Holding

The High Court allowed the bail applications, answering the issue in the affirmative.

The applicants were ordered to be released on bail upon furnishing a personal bond with two sureties, subject to specific conditions: (i) no seeking of adjournments during witness testimony; (ii) mandatory presence on all trial dates; (iii) personal presence for framing of charges and Section 351 BNSS statements; and (iv) consequences for the misuse of liberty or absconding.

Source reference: para 7
Chhattisgarh High Court

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ISHAN SINGH MANDLOIvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · May 05, 2026

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