1 2025:CGHC:17471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1918 of 2025 Nagendra Kumar Tandon S/o Basant Kumar Tandon Aged About 32 Years R/o Village- Binouri, Police Station- Pachpedi, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - The Station House OfÏcer, Police Station - Pachpedi, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Sumit Singh Rathore, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 40/2025 registered at Police Station - Pachpedi, District- Bilaspur (C.G.), for the offence punishable under Sections 25 and 27 of Arms Act. 3. Case of the prosecution, in brief, is that on 03.02.2025, the Police received the information from the informant that one person is carrying a PREETI KUMARI Digitally signed by PREETI KUMARI 2 sword in his hand and roaming in the main road near Muktidam, Village Binouri and threatening the people. On the basis of information, Police arrested the applicant for the offence punishable under Sections 25 and 27 of Arms Act. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicant has three previous criminal antecedents, in Crime No. 236/2022, the case has been disposed of, in Crime No. 419/2023, the case is listed for framing of charges and in Crime No. 26/2025, the charge-sheet has not been filed and the case is still under investigation, copy of the same has been annexed as covering memo of this bail application. He further submits that the charge-sheet has been filed and he is in jail since 03.02.2025. Therefore, he prays for grant of regular bail to the applicant. 5. Learned counsel for the State/non-applicant opposes the bail application. He further submits that the applicant has three previous criminal antecedents. Therefore, he is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has three previous criminal antecedents, in which one case is disposed of, further the charge-sheet has been filed which is taken on record and and the applicant is in jail since 03.02.2025, further, the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed. Let the applicant – Nagendra Kumar Tandon, involved in Crime No. 40/2025 registered at 3 Police Station - Pachpedi, District- Bilaspur (C.G.), for the offence punishable under Sections 25 and 27 of Arms Act, be released on bail on their 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 sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (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 her, in accordance with law, under Section 209 of BNS. (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 4 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. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti