1 2025:CGHC:15467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2557 of 2025 Nitin Soni S/o Mukesh Soni Aged About 26 Years R/o 35/1126, Arvind Nagar, Near Pension Bada, VTC, Raipur Distt. Raipur (C. G.) ... Applicant versus State of Chhattisgarh Through P.S. City Kotwali, Raipur Distt. Raipur (C.G.) ... Non-applicant For Applicant : Mr. B.L. Dembra, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.04.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 29/2025 registered at Police Station – City Kotwali, District Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. As per the prosecution's story, in brief, it is alleged that upon receiving secret information from an informant, the applicant was found in possession of one steel knife measuring 11.02 inches in ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.03 17:10:09 +0530 2 length, thereby committing an offense under the Arms Act. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the police ofÏcers have demanded money from the applicant and on being denial the instant crime has been registered. He further submits that the applicant has 03 criminal antecedents, 01 has already been disposed of and other 02 cases are at the final stage. He also submits that the applicant is in jail since 18.02.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She also submits that the applicant has 03 criminal antecedents, 01 case is under the Excise Act, 01 case is under the BNS and 01 case is under the Arms Act, which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular 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 that the applicant has 03 criminal antecedents, 01 has already been disposed of and other 02 cases are at the final stage, further, considering the fact that in the present bail application the charge- sheet has been filed before the competent Court and the present applicant is in jail since 18.02.2025, conclusion of the trial may take 3 some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Nitin Soni, involved in Crime No. 29/2025 registered at Police Station – City Kotwali, District Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act, be released on bail on his 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 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 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek