1 2025:CGHC:53092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7653 of 2025 Amit Jha S/o Shri Raman Jha Aged About 22 Years R/o Govind Nagar, Bhanpuri, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Khamtarai, District : Raipur, Chhattisgarh ... Respondent For Applicant : Shri Pragalbha Sharma, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 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.629/2025 registered at Police Station Khamtarai, District Raipur (C.G.) (Is correct as per FIR) (wrongly mention PS in p.n.07) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.31 20:02:42 +0530 2 the offence punishable under Sections 25 & 27 of Arms Act. 2. Case of the prosecution, in brief, is that the police of police station Khamtarai Distt- Raipur (C.G.) received a secret information through an informant stating that the applicant is freely moving around the market area (Khamtarai) carrying a sharp object. After receiving the said information police of police station Khamtarai Distt-Raipur (C.G.) reached the described location. Later, search was conducted and police found an unlicensed sharp object which was in possession of the applicant with dimensions of: Length including blade-14 inches. Blade Length -10 inches. Blade Width -2.5 inches. Hence the FIR was registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case and the applicant has no role to play in commission of the alleged offence. He would submit that the present applicant has nothing to do with any crime alleged and the applicant had no intention to harm anyone. He would submit that the applicant is young boy aged about 22 years and is bread earner of the family. He would submit that the applicant has three criminal antecedents out of which two cases are disposed of and one case is pending. He would submit that the applicant is in jail since 11/06/2025 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 he would submit that the applicant has three criminal antecedents which has been explained in para 4(a) of the bail application. 5. I have heard learned counsel appearing for the parties and perused the 3 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 11/06/2025 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 released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Amit Jha, involved in Crime No.629/2025 registered at Police Station Khamtarai, District Raipur (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 4 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 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