1 2025:CGHC:23042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3586 of 2025 Mohammad Sadab Quraishi Alias Lala S/o Farid Ahmed Quraishi Aged About 23 Years R/o Pathanpara, Chantidih, Bilaspur, P.S. Sarkanda District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Sarkanda District- Bilaspur (C.G.) … Non-applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.06.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 388/2025 registered at Police Station – Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. As per the prosecution's story, on March 11, 2025, the applicant was threatening the general public with a knife at Pathan Mohalla, Khandahar Ground, Old Chantidih, Bilaspur. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.12 11:01:28 +0530 2 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the applicant was not in possession of any material that has been seized, the police authorities is falsely corroborating the same with the alleged incident. He also submits that the applicant has wrongly been envisaged in the instant crime. He further submits that the present applicant has five criminal antecedents under the IPC, out of which only two cases are still pending, two cases have been compromised, and in one case, he has already been acquitted. He also submits that the applicant is in jail since 11.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that the applicant has 12 criminal antecedents under the IPC and 01 case is under the Istgasa, the said cases show that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail 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, that the present applicant has 13 criminal antecedents, out of which 5 cases have already been explained in the present bail application, and the rest of the cases are old and stale, moreover, the fact that in the present bail application the charge -sheet has been filed before the competent Court and the present applicant is in jail since 11.03.2025, conclusion of the trial may take some more time, therefore, this Court 3 is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Mohammad Sadab Quraishi Alias Lala, involved in Crime No. 388/2025 registered at Police Station – Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act, be released on bail on his 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 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, 4 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. (v) The applicant is also directed to mark his presence in the first week of every month before the concerned trial Court. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek