1 2025:CGHC:46364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6229 of 2025 Mohammad Saif S/o Shekh Amiruddin, Aged About 25 Years, R/o Village Than Khamhariya, Ward No.11, Musalmanpara, District : Bemetara, Chhattisgarh ... Applicant versus The State of Chhattisgarh Station House Officer, Police Station Dharsinva, District : Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. Samir Singh, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.09 .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. 326/2025, registered at Police Station – Dharsinva, District : Raipur (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. The prosecution story in short, is that, on 10.07.2025 the police petrol party got secrete information is that on national Highway at PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.11 17:49:03 +0530 2 Sonu Dhaba the present applicant has threatening common citizens walking on the road along with sharp sward, when the police has demanded document he did not produce any documents. So the report was made and on the basis of the report police registered the offence and arrested the applicant and after completion of the investigation file the charge-sheet. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that on the date of the incident, a dispute arose between the complainant and the applicant, which was resolved through the intervention of a village meeting. However, the complainant has falsely implicated the applicant. He further submits that the applicant has six previous criminal antecedents, out of which four cases have been disposed of and two cases are still pending, as explained in paragraph No. 4(a) of the bail application. He also submits that the applicant has been in jail since 10.07.2025, and the conclusion of the trial is likely to take some time. Therefore, it is prayed that the applicant may be granted bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. 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 charge-sheet has been filed and the applicant has six previous criminal antecedents, out of which four cases have been 3 disposed of and two cases are still pending and he is in jail since 10.07.2025, and conclusion of the trial is likely to take some time, 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- Mohammad Saif, involved in Crime No. 326/2025, registered at Police Station – Dharsinva, District : Raipur (C.G.) for the offence punishable under Sections 25 and 27 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti