1 2025:CGHC:12092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1992 of 2025 Nem Singh @ Guddan Nishad S/o Shri Mahesh Nishad Aged About 22 Years R/o Kumhari, Police Station - Urla, District - Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Urla, District - Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Anshul Singhania, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.03.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 11/2025 registered at Police Station- Urla, District - Raipur, (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 12.01.2025, acting on information from an informant, the police from Urla Police Station in Raipur, Chhattisgarh, apprehended an individual near the Kanhera RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 overbridge who was allegedly threatening passersby with an iron sword. The accused was detained after a brief pursuit. At the scene, ofÏcers recovered a sharp iron sword measuring 22 inches in total length with a blade width of 2.5 inches. Upon requesting documentation for the weapon, the accused failed to produce any, leading to the seizure of the sword and his subsequent arrest. A First Information Report (F.I.R.) bearing crime number 11/2025 was registered against the accused at Urla Police Station under Sections 25 and 27 of the Arms Act, 1959. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that nothing has been seized from the possession of the present applicant. He further submits that the present applicant was present at the spot and he has been unnecessary dragged in the present case, Moreover, the FIR has not been lodged against the present applicant and he has been arrested during the investigation. He further submits that the present applicant has 03 criminal antecedents. He further submits that the applicant is in jail since 12.01.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant was found in possession of an illegal iron sword and was caught threatening passersby near Kanhera Over 3 Bridge. Since he failed to provide any valid documents for the weapon, it was seized, and he was arrested. She further submits that the present applicant has 03 criminal antecedents which shows that he is a habitual offender, therefore, the applicant is not entitled for grant of 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, nature and gravity of offence, period of detention of the applicant since 12.01.2025, the fact that though the applicant was found in possession of an illegal iron sword and was caught threatening passersby near Kanhera Over Bridge, since he failed to provide any valid documents for the weapon, it was seized, and he was arrested, and also the present applicant has 03 criminal antecedents, but regarding the criminal antecedents was explained in this bail application in para 4(a), and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant, Nem Singh @ Guddan Nishad, involved in Crime No. 11/2025 registered at Police Station- Urla, District - Raipur, (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act, be released on bail on 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 4 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 sufÏcient 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 sufÏcient 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. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan