1 2025:CGHC:32293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5386 of 2025 Satylekh Baghel S/o Anandram Baghel Aged About 27 Years R/o Qu. No. 24/3, Sardar Mauhalla, Thana Banki Mongra, District- Korba (C.G.) ...Applicant versus State Of Chhattisgarh Through - P.S. - Banki Mongra, District- Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 78/2025 ( Crime No. 75/2025 wrongly mentioned in impugned order) registered at Police Station – Banki Mongra, District- Korba (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. That, the case of prosecution in short is that on 20/04/2025 as per the secret information received police made search co-accused namely VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.11 16:41:25 +0530 2 Vivek Gupta along with Dharam Singh Rajput and Sewa Sagar and they were illegally brought Desi Katta and Kartoos from Bihar. They had mortgage Desi Katta and Kartoos to present applicant and his father. Thereafter on the basis of memorandum of co accused person the present applicant has been implicated in this case. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She submits that police has not seized lethal weapon from the possession of the applicant and the applicant has implicated in a false case and police did not take proper inquiry about the incident for registering FIR against the applicant. He further submits that the present applicant has no criminal antecedents and co accused has already been granted bail by this Court and he is in jail since 21.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application. 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 that the applicant has no criminal antecedent and co accused has already been granted bail by this Court, and considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and the present applicant is in jail since 21.04.2025, conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Satylekh Baghel, involved in Crime No. 78/2025 3 ( Crime No. 75/2025 wrongly mentioned in impugned order) registered at Police Station – Banki Mongra, District- Korba (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond with two local 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 4 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 vaibhav