1 2025:CGHC:19987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3373 of 2025 Raja Vastrakar S/o Shri Mangal Vastrakar Aged About 22 Years R/o Jabdapara Muktidham Ps Sarkanda Tahsil And District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through SHO Sarkanda Bilaspur District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Vijay Shankar Mishra, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.05.2025 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. 368/2025 registered at Police Station- Sarkanda, District Bilaspur, (C.G.) for the offence punishable under Section 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that upon receiving secret information from a mukhbir (informant), the police laid a siege near Munkidham Chowk, where one person was found holding an iron RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 chhappad (sharp-edged weapon) and threatening passersby. Upon being questioned, the person identified himself as Raja Vastrakar. He failed to produce any valid document for possessing the said iron chhappad, which was subsequently seized from his possession. Thereafter, the aforesaid crime was registered, and the applicant was arrested. 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 05 criminal antecedents under the IPC, out of which, 03 cases are disposed of and in 02 cases, the applicant is on bail, which is explained in this bail application. He further submits that the applicant is in jail since 08.03.2025, 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. He further submits that the applicant was found holding an iron chhappad (sharp- edged weapon) and threatening passersby and he failed to produce any valid document for possessing the said iron chhappad, which was subsequently seized from his possession. He further submits that the present applicant has 05 criminal antecedent under the IPC which shows that he is a habitual offender, therefore, the applicant is not entitled for grant of bail. 3 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 iron chhappad (sharp-edged weapon) was recovered from the possession of the present applicant and has 05 criminal antecedents under the IPC, out of which, 03 cases are disposed of and in 02 cases, the applicant is on bail, but criminal antecedents is explained in this bail application and the charge- sheet has been submitted before the competent Court and he is in jail since 08.03.2025, 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. Let the Applicant – Raja Vastrakar, involved in Crime No. 368/2025 registered at Police Station- Sarkanda, District Bilaspur, (C.G.) for the offence punishable under Section 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 sufÏcient 4 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 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 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