1 2025:CGHC:33057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5496 of 2025 Ritesh @ Hritik @ Ullu Dubey S/o Shri. Santosh Dubey, Aged About 23 Years R/o Near Paani Tanki, Ganesh Nagar, Chuchuhiyapara, P.S. Sirgitti, Bilaspur. District Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through - P.S. Sirgitti, District Bilaspur - (C.G.) ... Respondent For Applicant : Shri Kashif Shakeel, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/07/2025 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.176/2025 registered at Police Station GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.16 17:36:58 +0530 2 Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 25, 27 Arms Act. 2. Case of the prosecution, in brief, is that on receiving information, the present applicant was found waving a sharp knife in his hand in the air at Gajra Chowk Sirgitti, threatening the passers-by. As he was not having any valid document to possess the knife therefore he was arrested by the police. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant is accused of possessing knife and hence Section 25/27 of the Arms Act has alleged against him. He would submit that the applicant has three criminal antecedents out of which in two cases he has been acquitted and one case is pending. He would submit that the charge sheet has been filed and he is in jail since 10/04/2025 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 and submits that the charge-sheet has been filed in the present case. She would submit that the applicant has three criminal antecedents out of which in two cases he has been acquitted and one case is pending. 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 applicant has three criminal antecedents out of which in two cases he has been acquitted and one case is pending, period of detention of the applicant since 10/04/2025, 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-Ritesh @ Hritik @ Ullu Dubey, involved in Crime No.176/2025 registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 25, 27 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. 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