1 2025:CGHC:51727 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7366 of 2025 1 - Sandeep Sahu S/o Shri Dwarika Prasad, Aged About 26 Years, 2 - Shankar Alias Raja S/o Shri Maniram Aged About 19 Years, Both R/o Mannadol, Tifra, Police Station Sirgitti, Dist. Bilaspur (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station- Sirgitti, District Bilaspur (C.G.) ... Respondent For Applicants : Shri Aakash Singh, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/10/2025 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 applicants who have been arrested in connection with Crime No.431/2025 registered at Police Station Sirgitti, District-Bilaspur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.17 11:27:18 +0530 2 (C.G.) for the offence punishable under Sections 25, 27 of Arms Act. 2. Case of the prosecution, in brief, is that complainant A.S.I. Gulab Chand Patel lodged report alleging that on dated 16.08.2025 he was on duty looking after law and order during Krishna janmashtmi dahi handi festival celebration he has received call that few peoples are creating nuisance with swinging the knife and are giving threat to the people near Bhairav Baba mandir in front of grand lotus then after he reached to the place of offence and the Accused were arrested then after the FIR No 431/2025 has been logged on the name of the Accused person under section 25, 27 Arms Act. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the instant case. He would submit that the allegation made in the FIR taken as it is then there was no clarity who made the call that the applicants are creating nuisance with swinging knife and threatening the people around the Bhairav Baba mandir. He would submit that the charge sheet has been filed in this case, applicants are in jail since 17/08/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that criminal antecedents of the applicants are 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 applicants, period of detention 3 of the applicants since 17/08/2025, charge sheet has been filed as stated by learned counsel for the applicants at bar and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Sandeep Sahu & Shankar Alias Raja, involved in Crime No.431/2025 registered at Police Station Sirgitti, District-Bilaspur (C.G.) for the offence punishable under Sections 25, 27 of Arms Act, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the 4 trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 them 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