1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2726 of 2025 1. Akku Alias Vijay Tripathi S/o Kedarnath Tripathi Aged About 37 Years R/o Purani Basti, Masturi Ward No. 13 P.S. Masturi, District Bilaspur (C.G.) ... Applicant versus 1. State Of Chhattisgarh Through Station House Officer (S.H.O. ), Police Station Masturi, Bilaspur, Tehsil And District Bilaspur (C.G.) ... Non-Applicant For Applicant : Ms Gunjan Tiwari, Advocate For Non-Applicant/State : Shri Ajit Singh, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2025 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. 92/2025 registered at Police Station – Masturi, District Bilaspur (C.G.), for the offence punishable under Sections 25 & 27 of the Arms Act. 2. The prosecution's case is that during police patrolling on 6/2/2025 the police personnel came to know that the applicant has kept weapon with RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.05.15 17:09:21 +0530 2 him and threatening the people. On the basis of which the police intercepted the applicant while he was waving the edged weapon in the market area and thereafter after following the due process of law; the alleged weapon was seized; and arrested the applicant. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He would further submit that there is no independent witness in this case except the Police Constable. While making the seizure of alleged weapon the dimension of same has not been mentioned in the seizure memo. The applicant is in detention since 6/2/2025 and on account of his detention his family members are suffering a lot as he is the only breadwinner of the family. Learned counsel would submit that the charge sheet has already been filed and hence no further custodial interrogation of the applicant is required. 4. On the other hand, learned State counsel would oppose the bail application of the present applicant and would submit that the applicant is an habitual offender and more than 20 cases registered against him. 5. At this juncture, learned counsel for the applicant would submit in all the earlier cases the applicant has been acquitted and only case is pending against him i.e. Cr.No.292/2024 for offence under Sections 294, 506, 323, 34 of IPC (counter FIR No.291/2024 dated 21/6/2024). In support of this contention, the affidavit of brother of the applicant has been filed today along with covering memo. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Considering the entire facts and circumstances of the case; submissions of learned counsel for the parties; particularly considering the fact that the applicant is in detention since 6/2/2025 and the charge sheet has already been filed, this Court is of the opinion that it is a fit case to enlarge the applicant on bail. 8. Let the Applicant – Akku Alias Vijay Tripathi, involved in Crime No. 92/2025 registered at Police Station – Masturi, District Bilaspur (C.G.), for the offence punishable under Sections 25 & 27 of the 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 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 sufficient 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 4 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 sufficient 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. Learned trial Court is directed to expedite the trial as early as possible preferably within a period of six months from the date of receipt of a copy of this order. 10. Office 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 Rahul