1 2025:CGHC:7077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9094 of 2024 Mohammad Saifi S/o Shri Mohammad Sarafat Aged About 23 Years R/o Idgah Bhatha, Lakhe Nagar, Police Station Raipur, District Raipur (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through- Police Station- Azad Chowk, Raipur, District Raipur (Chhattisgarh) ... Non-applicant For Applicant : Mr. Rakesh Kumar, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.02.2025 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. 255/2024 registered at Police Station Azad Chowk, Raipur, District Raipur (C.G.) for the offence under Sections 25 & 27 of Arms Act, 1959. 2. The prosecution's case is that on 15.10.2024, police received secret information from an informant about a person threatening the public 2 with a sharp-edged knife. Acting on the tip, the police arrived at the scene and arrested 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 and there are 9 criminal antecedents registered against the present applicant out of which in 4 cases the applicant has been acquitted. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 15.10.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are 9 criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on 15.10.2024, police received secret information from an informant about a person threatening the public with a sharp-edged knife, and further the 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 counsel for the parties 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 there are 9 criminal antecedents registered against the present applicant out of which in 4 cases the applicant has been acquitted, charge-sheet has been filed against the applicant, the applicant is in jail since 15.10.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 3 7. Let the Applicant - Mohammad Saifi, involved in Crime No. 255/2024 registered at Police Station Azad Chowk, Raipur, District Raipur (C.G.) for the offence under Sections 25 & 27 of Arms Act, 1959, be released on bail on 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 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 4 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. - Sd/- (Ramesh Sinha) Chief Justice Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA