1 2025:CGHC:30583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5201 of 2025 Nitesh Ray S/o Vrinda Ray, Aged About 30 Years R/o Tikarapara, Sahdevpali, Raigarh, Police Station Jutmil, District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Jutmil, District Raigarh (C.G.) ... Respondent For Applicant : Shri Jitendra Shukla, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/07/2025 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.155/2025 registered at Police Station Jutmil, District Raigarh (C.G.). for the offence punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.07 10:53:12 +0530 2 Section 25 of Arms Act and Section 112 of B.N.S. 2. Case of the prosecution, in brief, is that on 01-05-2025, the secret information received by the concerned Police that one Mithlesh with his friend have taken the Pistol and Deshi Katta and walking in the public place. On the basis of said information, the police came to the spot and caught hold the accused persons and from the possession of Mithlesh one Deshi Katta and two piece of live cartoos, therefore crime has been registered and filed the charge sheet before the concerned Court. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the main allegation is against the co-accused Mithlesh and on the basis of memorandum of co-accused, the present applicant has been arrested. He would submit that the applicant is in jail since 02/05/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that charge sheet has been filed in this case and there is no previous criminal antecedent against the applicant. 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, 3 nature and gravity of offence, considering the fact that there is no previous criminal antecedent against the applicant, period of detention of the applicant since 02/05/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant-Nitesh Ray, involved in Crime No.155/2025 registered at Police Station Jutmil, District Raigarh (C.G.). for the offence punishable under Section 25 of Arms Act and Section 112 of B.N.S., 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. 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 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri