1 2025:CGHC:3180 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8978 of 2024 Ramlal @ Atul Kashyap S/o Nandkumar Kashyap Aged About 19 Years Niwasi- Gram Nigarband, Thana - Takhatpur, Jila- Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Aarakshi Kendra-Takhatpur, Jila-Bilaspur (Chhattisgarh) ... Non-applicant For Applicant : Mr. Shashi Kumar Kushwaha, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.01.2025 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. 380/2024 registered at Police Station – Takhatpur, District Bilaspur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. The prosecution's case, in brief, is that on 31.07.2024, acting on a tip-off from an informant, the police laid a trap at Bus Stand, Takhatpur, and caught the applicant/accused waving a knife. A 13- ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.18 14:06:55 +0530 2 inch long steel knife was seized from the accused, who was taken into custody. A case was registered against him under sections 25 and 27 of the Arms Act, Crime No. 380/2024, and a charge sheet was filed after investigation. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the applicant has been arrested by the police on the basis of suspicion only, and there is no evidence available against the applicant. He further submits that the present applicant has 02 criminal antecedents out of which 01 case is under the IPC, in which the applicant has already been acquitted and another case is under the Excise Act which is still pending. He also submits that the applicant is in jail since 31.07.2024 and conclusion of the trial may take some, therefore, he 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 further submits that from the possession of the present applicant a knife was recovered, therefore, the present applicant is not entitled for grant of 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 present applicant has 02 criminal antecedents, 01 case is under the IPC, in which the applicant has already been acquitted and another case is under the Excise Act which is still pending. Also 3 considering the 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 31.07.2024 and 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 – Ramlal @ Atul Kashyap, involved in Crime No. 380/2024 registered at Police Station – Takhatpur, 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 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 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