1 2025:CGHC:1768 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 201 of 2025 Ankush Ratre S/o Anand Ratre Aged About 19 Years R/o Satnami Mohalla, Moudhapara, P/s Moudhapara, Tehsil And District Raipur C.G. ... Applicant versus State of Chhattisgarh Through P/s Kabir Nagar, Raipur, C.G. ... Non-applicant For Applicant : Mr. Akash Mishra, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.01.2025 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. 236/2024 registered at Police Station – Kabir Nagar, District Raipur (C.G.) for the offence punishable under Section 25 of the Arms Act. 2. According to the prosecution's story, on October 17, 2024, while on town patrol, the police received classified information about the applicant's possession of a knife. Based on this information, the applicant was arrested, and a knife was recovered from his possession. He was subsequently produced before the concerned ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.10 20:12:18 +0530 2 Judicial Magistrate First Class (JMFC), who remanded him to judicial custody. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the present applicant has 08 criminal antecedents under the IPC and Arms which are pending cases, to which he has given explanation has already been given in paragraph No. 4a of the present bail application. He also submits that the applicant is in judicial custody since 17.10.202, 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. He also submits that the applicant has 08 criminal antecedents under the IPC and Arms Act, which shows that the applicant is a habitual offender, 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. 6. Taking into consideration the facts and circumstances of the case that the applicant has 08 criminal antecedents under the IPC and Arms which are pending cases, to which he has given explanation has already been given in paragraph No. 4a of the present bail application. Also 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 judicial custody since 3 17.10.2024, 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 – Ankush Ratre, involved in Crime No. 236/2024 registered at Police Station – Kabir Nagar, District Raipur (C.G.) for the offence punishable under Section 25 of the Arms Act, be released on bail on his furnishing personal bond with two heavy 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 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 4 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously within a period of six months from the receipt of receipt of this order in accordance with law, if there is no legal impediment. 9. 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