1 2025:CGHC:5330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 12 of 2025 Vishnu Yadav @ Jethali S/o Aganu Yadav Aged About 23 Years R/o Near Shitla Mandir, Changorabhatha, Bhathagaon, P.S. D.D. Nagar, Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Purani Basti, Raipur, District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate For Respondent(s) : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 409/2024 registered at Police Station- Purani Basti, Raipur, District Raipur (C.G.), for the offence punishable under Section 25 of the Arms Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.30 10:55:01 +0530 2 2. Case of the prosecution, in brief, is that the complainant gave information to the Police Station concerned that the applicant has kept knife in his possession near Budah Talab Garden, Vivekanand Murti and on such information, the police seized the knife and registered case under Section 25 of the Arms Act against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case by the complainant. He further submits that there is no ingredient of offence punishable under Section 25 of the Arms Act even if the prosecution story is taken on its face value. The allegation made by the prosecution against the applicant is false and baseless. He further submits that the applicant is languishing in jail since 02.09.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant and submits that applicant has 3 previous criminal antecedents out of which, two are of the year 2020 and one is of the year 2019 pending against him, which itself shows that applicant is a habitual offender. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that even if the prosecution story is taken at its face value, no offence is made out against the present applicant and further so far criminal antecedents of the applicant is concerned, the same are old and stale, the applicant is in jail since 02.09.2024 and though the charge-sheet has already been filed, the conclusion of the trial is likely to take some time as the trial is at its initial stage hence, I am inclined to allow this application. 7. Let applicant, Vishnu Yadav @ Jethali, involved in Crime No. 409/2024 registered at Police Station- Purani Basti, Raipur, District Raipur (C.G.), for the offence punishable under Section 25 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:- (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 them under Section 269 of Bharatiya Nyaya Sanhita. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita 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 Section 209 of 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek