1 2025:CGHC:22632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3377 of 2025 Bittu Nishad S/o Jagannath Nishad Aged About 19 Years R/o Rawanbhantha, P.S. Khamtarai, District Raipur (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through Station House Officer, P.S. Khamtarai, District Raipur (Chhattisgarh) ... Non-Applicant For Applicant : Ms. Khushbu Sahu, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.06 .202 5 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. 249/2025, registered at Police Station – Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2 The case of the prosecution, in brief, is that the complainant informed the concerned Police Station that the applicant was brandishing a knife in a public place. Based on this information, the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Police seized the knife and registered a case against the applicant under Sections 25 and 27 of the Arms Act. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submitted that the applicant neither brandished a knife nor committed any of the aforementioned offences alleged by the prosecution against him. She also submitted that the applicant has two previous criminal antecedents, out of which one case is disposed of. Further, the charge-sheet has been filed and the applicant is in jail since 05.03.2025 and trial is likely to take quite long time for its conclusion, therefore, she prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. She further submitted that the applicant was brandishing a knife in a public place. Based on this information, the Police seized the knife from the possession of the present applicant. She further submitted that the applicant has three previous criminal antecedents, therefore, he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 the applicant has three previous criminal antecedents, out of which one case is disposed of and the charge-sheet has been filed in the present case and he is in jail since 05.03.2025, this Court 3 is of the view that the applicant is entitled to be released on bail in this case. 7 Accordingly, the bail application is allowed. Let the applicant - Bittu Nishad, involved in Crime No. 249/2025, registered at Police Station – Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 25 and 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 his 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 4 the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, 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 his in accordance with law. 8 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 Dewangan