1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4030 of 2025 1 - Shakti Dahare S/o Samaru Dahare Aged About 26 Years R/o Arjun Nagar, Camp-01, Police Station - Chhavani, Bhilai, Tahsil And Distt. Durg Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Police Station - Jamul, Distt. Durg Chhattisgarh (Correct P.S. Is Jamul Wrongly Mentioned P.S. Supela) ... Non-applicant For Applicant : Mr. Hemant Kesharwani, Advocate For State : Mr. Nitansh Jaiswal, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/05/2025 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.612/2024 registered at Police Station Jamul, District-Durg, (C.G.) for the offence punishable under Sections 25, 27 Arms Act. 2. Case of the prosecution, in brief, is that on 25.12.2024 the police received secrete information during the patrolling in respect of the illegal possession of the knife by the present VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.23 10:54:45 +0530 2 applicant, on above information police reached the spot and recovered sharp weapon measuring length 35 cm. From the possession of the present applicant, the applicant failed to produced document in respect of the possession of the aforesaid weapon. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in offence in question. The applicant is in jail since 25.12.2024. The charge-sheet has been filed and no further investigation is required, however, conclusion of the trial is likely to take some time. He further submitted that the allegation made against the present applicant taken as it is then seized weapon is not offensive, weapon normally kept for his self defense, 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 according to charge-sheet there is three previous criminal antecedents against the applicant in crime No. 724 of 2016 registered at police Station Chhavani offence under sections 307, 34(undergone), in crime No.09 of 2017 registered at Police Station Chhavni offence under Sections 294, 506, 324(acquitted), in crime No. 667 of 2019 registered at Police Station Chhavni offence under Sections 294, 323, 34 (acquittal/compromise). 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant, the fact that the conclusion of the trial may take some time and further that applicant explained his previous criminal antecedents in paragraph 4(a) and in all three previous criminal antecedents he has been acquitted, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Shakti Dahare involved in Crime No. 612/2024 registered at Police Station Jamul, District Durg, (C.G.) for the offence punishable under Sections 25, 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 4 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 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 in accordance with law within a period of six months , if there is no legal impediment. 9. 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 vaishali