1 2025:CGHC:3453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 516 of 2025 Gourav Alias Khilesh Yadav S/o Shri Rupesh Yadav Aged About 21 Years, Residence of Tarbahar, Deepupara Near Durga Temple, P.S. Tarbahar District- Bilaspur (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Tarbahar District- Bilaspur (Chhattisgarh) ... Non-applicant For Applicant : Ms. Varsha Sharma, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.01.2025 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. 393/2024 registered at Police Station – Tarbahar, District Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. According to the prosecution's story, on December 17, 2024, the Station House OfÏcer received information regarding a public threat ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.21 16:14:43 +0530 2 involving a knife. Based on this information, the police promptly responded to the scene and arrested the applicant. Subsequently, a crime report (No. 393 of 2024) was filed under Sections 25 and 27 of the Arms Act. Upon completing the investigation, a challan was submitted to the competent court of law. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She submits that the present applicant has 02 criminal antecedents: one case under the IPC, which was compromised, and another case under the Arms Act, in which the applicant is currently out on bail. She also submits that the applicant is in jail since 17.12.2024, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She also submits that the applicant has 02 criminal antecedents under the IPC and Arms Act, which shows that the applicant is a habitual offender, therefore, he is not entitled for grant of regular bail. 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 02 criminal antecedent: one case under the IPC, which was compromised, and another case under the Arms Act, in which the applicant is currently on bail. Also considering the 3 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 17.12.2024, 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 – Gourav Alias Khilesh Yadav, involved in Crime No. 393/2024 registered at Police Station – Tarbahar, District Bilaspur (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 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. (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 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek