1 2025:CGHC:25452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3506 of 2025 1 - Mohd. Juber Khan S/o Mohd. Ashfak Aged About 25 Years R/o Gaji Nagar, Birgaon, District Raipur Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Urla, Raipur District Raipur Chhattisgarh. ... Respondent For Applicant : Mr. Rekhraj Baghel, Advocate For Respondent/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.23/2025 registered at Police Station- Urla District – Raipur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that the complainant has giving information to the concerned police station that the appellant was moving knife at open place and on such information, the police has seized knife and has registered the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 17:36:18 +0530 2 present applicant. 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 neither moving knife nor committed any offence as alleged by the prosecution against him. The applicant is in jail since 31.01.2025, the applicant has 6 criminal antecedent of the applicant registered and also 5 criminal antecedent registered by police station Khamtarai District-Raipur, 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 opposes the bail application and submits that the applicant is having 6 criminal antecedent of the applicant registered and also 5 criminal antecedent registered by police station Khamtarai District- Raipur, the charge-sheet has been filed in the present case. 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, nature and gravity of offence, period of detention of the applicant since 31.01.2025, the fact that there is no injured person and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Mohd. Juber Khan involved in Crime 3 No.23/2025 registered at Police Station- Urla 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 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali