1 2025:CGHC:2466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 345 of 2025 Khemkaran Dhruw S/o Ganesh Dhruw Aged About 20 Years R/o Kushalpur Jhanda Chowk, Near Patwa Shop, P.S. Purani Basti, District Raipur, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Purani Basti, District Raipur, Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Ms. Khushbu Sahu, Advocate. For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/01/2025 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. 470/2024 registered at Police Station Purani Basti, District Raipur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.16 11:48:55 +0530 2 Section 25 of Arms Act. 2. Case of the prosecution, in brief, is that as per secret information received from the informant that one person kept knife in his possession near BSUP Colony, Bhathgaon in front of Natural City and on the basis of said information, the Police have seized knife from the possession of present applicant, thereafter, the offence has been registered against the 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. She further submits that there is no ingredient of offence punishable under Section 25 of Arms Act has been found in the present case, even the applicant has neither moving knife nor committed any offence by the said knife and looking to the material available on record, prima-facie case is not made out against the present applicant. The applicant is in jail since 06.11.2024, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she 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 the charge-sheet has been filed in the present case. He further submits that the applicant is having three criminal antecedents, out of which which, two are under the Arms Act and one is under the IPC, therefore, the applicant is not entitled for grant of 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, nature and gravity of offence, period of detention of the applicant since 06.11.2024, the fact that the only allegation against the applicant that he was in possession of knife at public place near BSUP Colony, Bhathgaon in front of Natural City, further charge- sheet has been filed in the present case, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Khemkaran Dhruw, involved in Crime No. 470/2024 registered at Police Station Purani Basti, District Raipur (C.G.) for the offence punishable under Section 25 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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil