1 2025:CGHC:61538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9407 of 2025 Rameshwar S/o Puranlal Sahu Aged About 22 Years R/o Village- Kosmandi, Thana- Palari, District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Police Station Palari, District : Balodabazar-Bhathapara, Chhattisgarh ... Respondent For Applicant(s) : Mr. Deepak Kumar Jain, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.12.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 291/2025 registered at Police Station- Palari, District- Balodabazar-Bhathapara (C.G.), for the offence punishable under Sections 296, 351(2) of the BNS and Section 25 and 27 of the Arms Act. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that on 13.08.2025, the Principal, Government Higher Secondary School, Kosmandi, Police Station Palari, District Baloda Bazar–Bhatapara (C.G.), lodged a written report at Police Station Palari alleging that certain anti-social elements were threatening female students, using abusive language and brandishing knives. On the basis of the said written report dated 13.08.2025, the police registered a case against the applicant for the alleged offences punishable under Sections 296 and 351(2) of the BNS, 2023 and Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case by the complainant as there is absolutely no evidence against him. It is submitted that as per the FIR, the Principal lodged a written report on 13.08.2025 at 14:33 hours against some unknown anti-social elements, whereas the crime details form shows the time of occurrence as 13.08.2025 at 14:30 hours, and the applicant was arrested on 13.08.2025 at 14:45 hours, without conducting any Test Identification Parade. He further submits that so far as criminal antecedents of the applicant is concerned, though the applicant has three criminal antecedents, in one of the case, compromise has taken place, another case is already explained in para 4(A) of the bail application. The applicant has been in judicial custody since 13.08.2025 and though the charge-sheet has 3 already been filed, the conclusion of the trial is likely to take some time. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant and submits that applicant has 3 previous criminal antecedents out of which, though one has already been compromised, two are still pending, which itself shows that applicant is a habitual offender. 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 allegation levelled against the applicant and the fact that even if the prosecution story is taken at its face value, no offence is made out against the present applicant and further so far criminal antecedents of the applicant is concerned, the same is explained in the bail application, the applicant is in jail since 13.08.2025 and though the charge-sheet has already been filed, the conclusion of the trial is likely to take some time as the trial is at its initial stage hence, I am inclined to allow this application. 7. Let applicant, Rameshwar, involved in Crime No. 291/2025 registered at Police Station- Palari, District- Balodabazar- Bhathapara (C.G.), for the offence punishable under Sections 296, 351(2) of the BNS and Section 25 and 27 of the Arms Act, be 4 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 them 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 Bharatiya Nyaya Sanhita 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 Section 209 of Bharatiya Nyaya Sanhita. 5 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal