1 2025:CGHC:48588 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6354 of 2025 Shankar Yadav S/o Shri Depak Yadav Aged About 23 Years Amarpur Near Kali Mandir P/s Purani Basti Distt. Raipur C.G., Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station Purani Basti Distt. Raipur C.G. ... Non-applicant For Applicant : Mr. Ajay Kumar Mishra, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.09.2025 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. 179/2025 registered at Police Station – Purani Basti District - Raipur (C.G.) for the offence punishable under Sections 25 of the Arms Act. 2. According to the prosecution, the applicant was found near Badhwa Talab under a Ficus (Peepal) tree carrying a knife concealed at his waist. The said knife was about 13 inches in length, with a 7.5-inch sharp blade, 1.5-inch width, and a handle measuring approximately 5.5 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.23 10:23:48 +0530 2 inches. The police apprehended the applicant at the spot and seized the knife from his possession. Considering the facts and circumstances of the case, the learned Presiding Judge found the case not fit for grant of bail and accordingly rejected the earlier bail application. After completion of investigation, the police have filed the charge-sheet against the applicant. 3. The allegations leveled against the applicant is false and fabricated, as the applicant has neither committed nor participated in any act constituting the alleged offence. The trial is likely to take a long time for its conclusion, and no prima facie case is made out against the applicant. He has no criminal antecedents, as affirmed by his mother who has sworn an affidavit in support of this bail application. The only allegation against the applicant is of carrying a knife, without any allegation of its use. He is a poor young man and the sole breadwinner of his family. The applicant is a permanent resident of the address mentioned in the cause title, possessing both movable and immovable property, and hence there is no likelihood of his absconding. The applicant is ready to furnish adequate surety and undertakes to abide by all the directions and conditions that may be imposed by this Hon’ble Court while granting bail., therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application, she submits that the applicant has 02 criminal antecedents in the year 2019 and 2020, 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. 3 6. Taking into consideration the facts and circumstances of the case, and the fact that in the present matter the charge-sheet has already been filed before the competent Court, and that the applicant has been in jail since 05.05.2025, and as the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Shankar Yadav, involved in Crime No. 179/2025 registered at Police Station – Purani Basti District - Raipur (C.G.) for the offence punishable under Sections 25 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 statement under Section 351 of BNSS. If in the opinion 4 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