1 2025:CGHC:28292 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3657 of 2025 Siddhant @ Raj Pandey S/o. Rahul Pandey Aged About 19 Years R/o. Near Ganga Nagar Nursery, Belgahna, Police Station Kota, Outpost Belgahna, Dist. Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Kota, Bilaspur, Dist. Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Rahul Goswami, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 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. 406/2025 registered at Police Station – Kota District Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. According to the prosecution's story, on 23.04.2025, during the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.27 20:12:11 +0530 2 rural tour, Kota Police received information from an informer that the applicant/accused was threatening passersby and people nearby by waving a sharp knife near the nursery on Main Road Ganga Nagar Belganda. To verify the said informer information and cordoned off the area and on questioning the accused, he told his name as Siddhant @ Raj Pandey. He wrote that he did not have license or document regarding keeping a sharp knife. A sharp knife was seized from the possession of the accused and a crime has been registered against the application/accused under Section 25, 27 of the Arms Act. The applicant/accused is in judicial custody since 23.04.2025. against the applicant and after rejecting bail application of the applicant, this bail application is being preferred before the Hon'ble Court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She submits that police has not seized lethal weapon from the possession of the applicant and the applicant has implicated in a false case and police did not take proper inquiry about the incident for registering FIR against the applicant. He further submits that the present applicant has 01 criminal antecedents: under the IPC, he also submits that the applicant is in jail since 23.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application, she submits that the applicant has 01 criminal antecedents under the IPC ,therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant has 01 criminal antecedent under the IPC, and considering 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 23.04.2025, 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 bail in this case. 7. Let the Applicant – Siddhant @ Raj Pandey , involved in Crime No. 406/2025 registered at Police Station – Kota 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 local 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 4 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 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 certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav