1 2025:CGHC:22630 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3388 of 2025 Sheikh Sahil S/o Sheikh Mubarak Aged About 22 Years R/o Bhedimuda Ratanpur, P.S. Ratanpur, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, P.S. Ratanpur, District- Bilaspur (C.G.) ---- Non-Applicant(s) For Applicant : Mr. Suresh Kumar Verma, Advocate For Non-Applicant : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/06/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 219/2025 registered at Police Station Ratanpur, District- Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 09.04.2025, as per secret information received through informant that the applicant namely Sheikh Sahil, resident of Bhedimuda, who having the illegal KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 knife and he was blowing the knife to coming person on the way and also fear and threatened them. On the basis of such information, the concerned police staff reached on the spot, conducted a raid and found the person, identified as Shekh Sahil, with a knife. Sahil couldn't provide any valid documents to possess the knife. Therefore, he has arrested and charged under Sections 25 and 27 of the Arms Act for possessing an illegal knife. 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 in the present case, nothing has been seized from the possession of the applicant and the knife which was recovered, is vegetable cutting knife. He further submits that the prosecution has implicated the present applicant without any evidence and in the present case, charge-sheet has been filed before the competent Court and the applicant is in jail since 09.04.2025 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 present applicant was wielding knife on the street and threatening the by-passers and further, the knife was recovered from the possession of the applicant moreover, the applicant has one previous criminal antecedent of the year 2022. 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. 3 6. Taking into consideration the fact & circumstances of the case, nature and gravity of offence, period of detention of the applicant since 09.04.2025 and the fact that the present applicant was wielding knife on the street and threatening the by-passers and further the applicant has one criminal antecedent under the IPC of the year 2022 and in the present case, as per the statement of the counsel for the applicant in the bar, charge-sheet has been filed before the competent Court, thus this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Sheikh Sahil, involved in Crime No. 219/2025 registered at Police Station Ratanpur, District- Bilaspur (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 BNS. 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 BNS. (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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal