1 2025:CGHC:53600 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.7003 of 2025 Nikhil Sahu S/o Anju Sahu Aged About 19 Years R/o Near D.L.S. College Bilaspur, P.S. Sarkanda District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. S.H.O. Tarbahar, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Satyendra Srivas, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/11/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.220/2025 registered at Police Station Tarbahar, District Bilaspur (C.G.) for the offence punishable under Sections 25 & 27 of Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.04 15:07:26 +0530 2 2. Case of the prosecution, in brief, is that on 19/07/2025 during crime investigation Sub Inspector Ram Naresh Yadav, Police Station Tarbahar, received information that two person carrying suspicious objects in bag and carry bag (thaila) leaving the Bilaspur railway station by going from plateform no. 7 towards service provider, based on the information, a boy was caught by laying a siege. On being searched total 08 buttoned foldable knives made of stainless steel were found from his possession. 3. Learned counsel for the applicant submitted that the applicant was apprehended with button knife. He would submit that the applicant has two criminal antecedents which are pending, charge sheet has been filed in this case, applicant is in jail since 19/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has two criminal antecedents which has been explained in para 4A of the bail application. 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 of allegation levelled against the applicant, period of detention of the applicant since 19/07/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be 3 released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Nikhil Sahu, involved in Crime No.220/2025 registered at Police Station Tarbahar, District Bilaspur (C.G.) for the offence punishable under Sections 25 & 27 of 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 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 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 4 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri