1 2025:CGHC:19951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2939 of 2025 Govind Singh Parihar S/o Shri Late Lakhan Singh Parihar Aged About 29 Years R/o 3/726, Gangaram Nagar, Ramkund, Raipur, District Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The OfÏcer-In-Charge of Police Station Azad Chowk, Raipur, District – Raipur, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Palash Agrawal, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 61/2025, registered at Police Station – Azad Chowk, District – Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. The case of the prosecution, is that on 03.03.2025, during the town patrolling, the Assistant Sub-Inspector of Police Station Azad Chowk, Raipur, based on information received from the informer, reached the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 crime scene i.e. Kari Talab Garden, Aamapara along with staff and witnesses, where it has been seen that the applicant was threatening passers by waving of knife in his hand, who was caught after a siege, an iron sharp knife was recovered from the applicant’s possession on the spot, on giving notice to the applicant, no document was produced by him, on which the said knife was seized and the applicant was arrested on 03.03.2025, thereafter, the FIR was registered against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are 7 criminal antecedents registered against the present applicant out of which 5 have been explained in para 4A of the bail application. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 03.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 7 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on 03.03.2025, during the town patrolling, the Assistant Sub-Inspector of Police Station Azad Chowk, Raipur, based on information received from the informer, reached the crime scene i.e. Kari Talab Garden, Aamapara along with staff and witnesses, where it has been seen that the applicant was threatening passers by waving of knife in his hand, who was caught after a siege, an iron sharp knife was recovered from the applicant’s possession on the spot, on giving notice to the applicant, no document was produced by him, on which the said knife was seized and the applicant was arrested 3 on 03.03.2025, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are 7 criminal antecedents registered against the present applicant out of which 5 have been explained in para 4A of the bail application, charge-sheet has been filed against the applicant, the applicant is in jail since 03.03.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Govind Singh Parihar, involved in Crime No. 61/2025, registered at Police Station – Azad Chowk, District – Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act, be released on bail on his 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 Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 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 send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar