1 2025:CGHC:451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8741 of 2024 Manoj Jagat S/o Budu Jagat Aged About 21 Years R/o Krishna Nagar, Kota Police Station Sarshwati Nagar, Tahsil and District- Raipur, Chhattisgarh. … Applicant versus State of Chhattisgarh Through Officer In Charge Sarshwati Nagar Raipur, District- Raipur, Chhattisgarh. ... Non- Applicant For Applicant : Mr. Yogesh Chandra Sharma, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/01/2025 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. 254/2024, registered at Police Station – Sarshwati Nagar Raipur, District- Raipur, (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2 The case of the prosecution, in brief, is that the FIR has been 2 registered against the accused persons under Sections 25 and 27 of the Arms Act. On the basis of the information of the informant, the Police arrested the applicant during the visiting of town, the Police seized the knife from possession of the 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. He further submitted that the applicant has one previous criminal antecedents. The same has been explained in paragraph No. 4(a) of this bail application. He later submitted that the charge-sheet has been filed and the applicant is in jail since17.11.2024 and trial is likely to take quite long time for its conclusion, therefore, she prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. She further submitted that the applicant has two previous criminal antecedents, therefore he is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused 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 the applicant has two previous criminal antecedents, further the charge-sheet has been filed and he is in jail since 17.11.2024 and conclusion of the trial is likely to take 3 some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Manoj Jagat, involved in Crime No. 254/2024, registered at Police Station – Sarshwati Nagar Raipur, 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 his 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 4 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 his, 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 his 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