1 2025:CGHC:52309 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6902 of 2025 Ajay Banjare S/o Ravidas Banjare Aged About 34 Years R/o Village Amne Police Station Kota, Dist. Bilaspur C.G. ... Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Kota, Dist. Bilaspur C.G. ... Non-applicant For Applicant : Mr. Rishi Rahul Soni, Advocate For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer S.B. : Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.10.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No. 818/2025, registered at Police Station- Kota, District : Bilaspur, (C.G.) for the offence punishable under Sections 25 & 27 of the Arms Act, 1959. 2. As per the case of the prosecution, the police of P.S. Kota, District – Bilaspur received information from an informer that the applicant was possessing a sharp knife and was waving the knife to threaten the local passers-by at Village Gobaripat, Atal Vyapar, D.A.V. School, Patela Road. On the basis of the information, the police authorities reached the spot and apprehended the applicant and seized the sharp knife possessed by the Applicant. Upon non production of any valid document regarding possession of the knife, the SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 applicant was arrested and offences under Sections 25 & 27 of the Arms Act, 1959 was registered against him. 3. Learned counsel for the applicant submits that the present applicant is innocent and has no connection whatsoever with the alleged crime. It is further submitted that the applicant is in jail since, 18.08.2025. The investigation is still going on and as of now, there is no material available against the applicant. Applicant is the bread-winner of his family. So far as criminal antecedents of the applicant are concerned, as per the deponent’s knowledge, one criminal antecedent is pending adjudication. Lastly, the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 4. Learned counsel for the State submits that the allegations against the applicant are serious and prima facie disclose criminality under Sections 25 & 27 of the Arms Act. The applicant allegedly tried to threaten the general public by waving the sharp edged weapon and tried to create ruckus among the people. Considering the seriousness of the offences, the risk of tampering with evidence and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 5. I have heard learned counsel for the respective parties and perused the documents enclosed along with the bail application. 6. Upon careful consideration of the submissions made by learned counsel for the applicant and the State, it is observed that the applicant has been in custody since 18.08.2025, the investigation is still going and charge-sheet is yet to be filed before the concerned Trial Court, it appears to be just and reasonable case to allow the applicant to be released on bail. 7. Accordingly, applicant- Ajay Banjare, involved in Crime No. 818/2025, registered at Police Station- Kota, District : Bilaspur (C.G.) for the offence punishable under Sections 25 & 27 of the Arms Act, 1959, be released on 3 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 them 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 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 sufficient 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 4 accordance with law. 8. Office 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 Dey