1 2025:CGHC:22311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4035 of 2025 1 - Sheikh Alam S/o Late Sheikh Anwar Aged About 22 Years R/o Atal Awas, Pendri, Rajnandgaon, Tahsil And District Rajnandgaon Chhattisgarh P.S. Lal Bagh, Tehsil And Distt. - Rajnandgaon Chhattisgarh ... Applicant Versus 1 - State Of Chhattisgarh Through The Police Station Basantpur, District - Rajnandgaon Chhattisgarh ... Respondent For Applicant : Mr. Anuj Kumar Pandey, Advocate For Respondent : Ms. Pragya Shrivastava, Dy. Government Advocate SB: Hon'ble Shri Ramesh Sinha , Chief Justice ORDER ON BOARD 22.05.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 152/2025, registered at Police Station – Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 25 & 27 of the Arms Act, 1959. 2. The case of the prosecution, is that on 16.04.2025 the police authorities received information that a person i.e. the accuse/applicant was in possession of a knife and he was threatening the local people near Shitla Mandir Road, Jamatpara. On receiving the said information, the police authorities reached the place of incident and found the accused/applicant to be in possession of a knife and committing the said SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 crime. Thereafter, the police authorities arrested the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 16.04.2025 and trial is likely to take quite long time for its conclusion. Therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is one criminal antecedent registered against the present applicant. However, he she do not dispute the submission of counsel for the applicant that the charge-sheet has been filed. She submits that the applicant has been apprehended by the police and as per the information, the seizure of a knife from the possession of applicant was also made by the police authorities before the independent witnesses. Therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that, charge-sheet has been filed against the applicant, the applicant is in jail since 16.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sheikh Alam, involved in Crime No. 152/2025, registered at Police Station – Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 25 & 27 of the Arms Act, 1959 be 3 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 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 Dey