1 2025:CGHC:25406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3427 of 2025 Noushad Anshari Alias Golu S/o Late Gulam Rasul Aged About 28 Years R/o- Near Anil Press, Rajhara, P.S.- Dallirajhara, Tahsil- Doundi, District- Balod, (C.G.) ... Applicant versus State of Chhattisgarh Through- P.S. Dallirajhara, District- Balod, C.G. ... Non-Applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2025 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. 51/2025 registered at Police Station- Dallirajhara, District- Balod, (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that the police received secret information that a person was roaming around carrying a sharp weapon, such as a knife. Based on this information, the police RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 arrested the applicant on 19-02-2025, and accordingly, an F.I.R. was lodged against the applicant and an offence was registered. 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 has 10 criminal antecedents under the IPC, Excise Act and Gambling Act and all cases are disposed of, which was explained in the covering memo of this bail application. He further submits that the applicant is in jail since 19.02.2025, 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 roaming around carrying a sharp weapon, such as a knife, which was subsequently seized from his possession. She further submits that the present applicant has 10 criminal antecedents under the IPC, Excise Act and Gambling Act, 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 that though the applicant was roaming around carrying a sharp weapon, such as a knife, which was subsequently seized from his 3 possession and applicant has 10 criminal antecedents under the IPC, Excise Act and Gambling Act, but all cases are disposed of, which was explained in the covering memo of this bail application and the charge-sheet has been submitted before the competent Court and he is in jail since 19.02.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. 7. Let the Applicant – Noushad Anshari Alias Golu, involved in Crime No. 51/2025 registered at Police Station- Dallirajhara, District- Balod, (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 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. 4 (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 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. 8. Office 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