1 2025:CGHC:28265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3359 of 2025 Rahul Yadav S/o Hiralal Yadav Aged About 26 Years R/o K.K. Ward Bhatapara, PS Bhatapara City, District Balodabazar-Bhatapara, Chhattisgarh (Wrongly Mentioned In The Bail Order As District Balodabazar) ... Applicant versus State Of Chhattisgarh Through PS Bhatapara City, District Balodabazar- Bhatapara, Chhattisgarh (Wrongly Mentioned As Bhatapara) . .. Respondent For Applicant : Shri Ankur Diwan, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/06/2025 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.204/2025 registered at Police Station Bhatapara City, District Bhatapara-Balodabazar CG for the offence punishable under Sections 14,15 of CG Rajya Surkaksha Adhiniyam & 25, 27 of Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.27 18:53:20 +0530 2 2. Case of the prosecution, in brief, is that on 27.03.2025, the applicant started threatening the people with knife near Siddh Baba Liquor shop road, due to which an FIR was registered against the applicant by the Police of PS Bhatapara City. Thus, the applicant has been arrested by the Police of PS Bhatapara City, District Balodabazar-Bhatapara on 27.03.2025 in Crime No. 204/2025 for an alleged offence under Sections 14,15 of CG Rajya Surkaksha Adhiniyam & 25, 27 of Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in this case. He would submit that the applicant has been externed from the district of Balodabazar on 30.01.2025 & has written a letter to the SP, Balodabazar on 31.01.2025 in order to sought medical treatment the treatment of the applicant, for which he entered into the city of Bhatapara & has been falsely implicated in the present case. He would submit that against the externment order passed by the Collector, Balodabazar, an appeal was preferred by the applicant before the State Government, which is also pending. He would submit that the applicant is not in possession of the dangerous weapon (Knife). He would submit that the applicant is in jail since 27/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that there are seven criminal antecedents pending against the applicant. 5. I have heard learned counsel appearing for the parties and perused the 3 case diary. 6. Taking into consideration the facts and circumstances of the case, submission of learned counsel for the parties, nature of allegation levelled against the applicant, period of detention of the applicant since 27/03/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Rahul Yadav, involved in Crime No.204/2025 registered at Police Station Bhatapara City, District Bhatapara- Balodabazar CG for the offence punishable under Sections 14,15 of CG Rajya Surkaksha Adhiniyam & 25, 27 of 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 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 4 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri