1 2025:CGHC:30669 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4034 of 2025 Anand Ram Baghel S/o Late Narmada Prasad Baghel Aged About 56 Years R/o Qr. No. 24/3, Sardar Mohalla, Thana Bankimongra, District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through- Police Station, Bankimongra Korba, District Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04.07.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 78/2025, registered at Police Station : Bankimongra Korba, District- Korba (C.G.) for the offence punishable under Sections 25 and 29 of Arms Act. 2. The prosecution case, in brief, is that on 20.04.2025, acting on a tip-off, the police conducted a search and apprehended co-accused RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Vivek Gupta, Dharam Singh Rajput, and Sewa Sagar, who were allegedly transporting country-made pistols and cartridges from Bihar and had kept them as mortgage with Satyalekh Baghel, the son of an SECL employee. Subsequently, the name of the present applicant was also added during the investigation, and he was arrested on 24.04.2025. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He submits that the name of the applicant surfaced only during the investigation and he was arrested solely on the basis of the memorandum statement of the co-accused. There is no direct or cogent evidence against the applicant to connect him with the alleged offence of possessing or transporting illegal arms. It is further submitted that the alleged country-made pistol and cartridges were not recovered from the applicant, nor is there any allegation of him having purchased or transported the same. As per the prosecution story, it is merely alleged that such arms were kept as mortgage by some person with the applicant’s son, and the applicant has been arrayed in the case only due to this fact. It is further submitted that the applicant is a law-abiding citizen, aged about 56 years, and is employed with SECL. He has no criminal antecedents and is in jail since 24.04.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 3 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. She further submits that the offence involves illegal transportation and possession of arms and ammunition, which poses a serious threat to public safety and law and order. The present applicant has been named during the investigation as having knowingly harbored illegal weapons, which were kept with his son as mortgage, clearly indicating his indirect involvement and knowledge of the illegal act. She also submits that the present applicant has 01 criminal antecedent, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel 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 no arms or ammunition have been recovered from the possession of the applicant, and his implication appears to be primarily based on the memorandum of co-accused, further the applicant is a 56-year-old SECL employee, and is stated to be suffering from various medical ailments, as supported by medical documents on record (Annexure A-2), the charge-sheet has been filed before the competent Court and he is in jail since 24.04.2025 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. 7. Let the applicant, Anand Ram Baghel, involved in Crime No. 78/2025, registered at Police Station : Bankimongra Korba, District- 4 Korba (C.G.) for the offence punishable under Sections 25 and 29 of Arms Act, be released on bail on furnishing 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 sufÏcient 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 5 statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. OfÏce 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 Rahul Dewangan