1 2025:CGHC:33851 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5607 of 2025 Shubham Verma @ Rakesh S/o Dushyant Verma Aged About 26 Years R/o Bherwa, Kurmi Para, Dharsiwa, District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House Officer, P.S. - Mandir Hasaud, District - Raipur (C.G.) ... Non-Applicant For Applicant : Ms. Varsha Ghosh, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.07 .202 5 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 - 200/2025, registered at Police Station – Mandir Hasaud, District - Raipur (C.G.) for the offence punishable under Section 25 of Arms Act. 2. As per the case of prosecution, On 22.05.2025 at about 16:58 hours, during the course of investigation and acting upon credible information received from an informant, Head Constable Amit Mishra of Police Station PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.18 17:56:34 +0530 2 Mandir Hasaud, along with police staff, proceeded to the spot near Purana Bazar Chowk, situated under the jurisdiction of Village Godhi, Police Station Mandir Hasaud. At the said location, it is alleged Applicant was apprehended and taken into custody. Upon search, one old and used country-made pistol (resembling a firearm), loaded with three live cartridges, was recovered from the possession of the Present applicant. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submitted that the identification process has not been done with the present applicant and he has been falsely implicated on the basis of suspicion. She also submitted that the applicant has no previous criminal antecedents, further the charge-sheet has been filed in this case. The applicant is in jail since 22.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 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 the applicant has no criminal antecedents, further, the charge-sheet has been filed and he is in jail since 22.05.2025 and conclusion of the trial is likely to take some time, therefore, 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. Let the applicant - Shubham Verma @ Rakesh, involved in Crime No - 200/2025, 3 registered at Police Station – Mandir Hasaud, 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 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 4 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 Preeti