1 2025:CGHC:53938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7798 of 2025 Ram Sonkar @ Dholu S/o Late Shri Jethu Sonkar Aged About 27 Years R/o Vindhyavasini Ward, Near Pond Dhamtari, Tahsil And Distt. Dhamtari, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. City Kotwali, Distt. Dhamtari, Chhattisgarh. ... Respondent For Applicant : Shri R.S. Patel, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/11/2025 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.208/2025 registered at Police Station City Kotwali Dhamtari Dist.- Dhamtari (C.G.) for the offence punishable under Sections 25 & 27 of GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.06 19:27:46 +0530 2 Arms Act, 1959. 2. Case of the prosecution, in brief, is that the City Police Dhamtari has received an information through special messenger that the applicant has one knife (Switch) and he is using brandishing and threatening to the people those who were crossing the road. It is further mentioned in the FIR that one knife (Switch), motor cycle R-15 Black Color CG05 AS 9693 price about two lakh and one Samsung mobile price about 2500 hundred. The crime was registered by the police of the City Kotwali Dhamatari, under Section 25 and 27 of arms act 1959, at crime no. 208/2025. After registration and complete investigation, charge sheet has been filed before the trial court. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant is only earning member of his family. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 28/08/2025 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. She would submit that the applicant has 10 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 3 of the applicant since 28/08/2025, 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 released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Ram Sonkar @ Dholu, involved in Crime No.208/2025 registered at Police Station City Kotwali Dhamtari Dist.-Dhamtari (C.G.) for the offence punishable under Sections 25 & 27 of Arms Act, 1959, 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, 4 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