1 2025:CGHC:50361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7989 of 2025 Pratap Patel S/o Om Prakash Patel, Aged About 21 Years R/o Village- Tutaa, Housing Board Colony, Abhanpur Tahsil Abhanpur, P.S. Abhanpur, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Of Police Station Abhanpur, District – Raipur (C.G.) ---- Non-applicant For Applicant : None. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09.10.2025 1. None appears nor any representation has been made on behalf of the applicant. The applicant is in jail since 20.05.2025, hence, this Court proceeds to hear the matter finally with the assistance of learned State counsel. 2. 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. 190/2025, registered at Police Station – Abhanpur, District – Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. The case of the prosecution, is that on 20.05.2025, Police of Police Station concerned received information during patrolling that the accused in village Tuta is openly threatening people with an iron knife, on the said information when the Village Tuta Basti was raided, the accused was found to be frightening people with an iron knife, and the said knife was also seized from the possession of the accused/applicant. Hence, this application. 4. Learned State counsel opposes the bail application and submits that there are 4 criminal antecedents registered against the present applicant which are still pending, and the charge-sheet has been filed in this case. It is further submitted that applicant was threatening the people openly by showing iron knife, and the said knife has also been seized from the possession of the applicant, therefore, he is not entitled for grant of bail. 5. I have heard learned State counsel 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 though there are 4 criminal antecedents registered against the present applicant which are still pending, charge-sheet has been filed against the applicant, but the applicant is in jail since 20.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Pratap Patel, involved in Crime No. 190/2025, registered at Police Station – Abhanpur, District – Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the 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:- 3 (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 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 Rajshekhar