1 2025:CGHC:52582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8534 of 2025 Ayush Kumhar S/o Suresh Kumhar Aged About 25 Years R/o Bazar Chowk, P.S.- Urla, Distt.- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station- Urla, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 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. 256/2025 registered at Police Station – Urla District Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. The case of prosecution in brief is that, on 20.08.2025, The Police of police station urla received a secret information that near Heera Garden Chowk the applicant/accused was illegally carrying a knife and threatening the by passers with the knife, upon which the police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.29 13:05:09 +0530 2 arrested the applicant 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the present case, as he has no role whatsoever in the commission of the alleged offence. There is no legal material or evidence on record to constitute any offence as alleged by the prosecution. It is further submitted that on 06.08.2025, the Urla police wrongfully detained the applicant and his wife, Mamta Kumhar, from their residence without any reason and booked them under Section 151 of the Cr.P.C., which led to the applicant being sent to jail. When his wife questioned the police action on 07.08.2025, she was allegedly abused and driven away, and again on 20.08.2025, the police came at night and took the applicant from home despite her protest, compelling her to submit a written complaint to the Superintendent of Police, Raipur, regarding repeated harassment and false implication, pointing out that there were no independent witnesses and that the witnesses cited by police were merely pocket witnesses (Annexure A/3). It is further submitted that no eyewitness has attributed any specific overt act of threat or offence to the applicant, and the entire prosecution case appears to be malicious, baseless, and motivated. It is therefore contended that no purpose would be served by keeping the applicant in custody any further, particularly when the trial is likely to take considerable time to conclude. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with evidence, and he is ready to furnish adequate surety and comply with all conditions that may be imposed by this Hon’ble Court, therefore, prays to be released on bail. 3 4. On the other hand, learned State counsel opposes the bail application, he submits that the applicant has 02 criminal antecedents, 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, nature and gravity of offence levelled against the present applicant, moreover, the charge-sheet has been filed before the competent Court and he is in jail since 28.08.2025 and conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Ayush Kumhar, involved in Crime No. 256/2025 registered at Police Station – Urla District Raipur (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 local 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 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 4 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 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 accordance with law. 8. Office 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 vaibhav