1 2025:CGHC:53416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7686 of 2025 K. Bala Shekhar @ Lalla S/o Goareya, Aged About 25 Years (Age Of Applicant Not Mentioned In Order Sheet), R/o T.T.C. Colony, Mana Camp, P.S. Mana Camp., District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Mana Camp, District - Raipur (C.G.) ... Respondent For Applicant : Ms. Khushbu Sahu, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/10/2025 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.254/2025 registered at Police Station Mana Camp, Raipur District: Raipur (C.G.) for the offence punishable under Sections 25, 27 of Arms GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.01 13:31:30 +0530 2 Act. 2. Case of the prosecution, in brief, is that on 03/08/2025, the police personnel of Police Station Mana Camp, Raipur, received secret information from an informant that, in TTS Colony near Mana Garden, the applicant was possessing a knife and was causing fear among the people passing by. Acting upon this information, the concerned police reached the spot, recovered a knife from the possession of the applicant, and arrested him. Thereafter, the police conducted an investigation and registered Crime No.254/2025 for offences punishable under Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. She would submit that no recovery of any prohibited weapon has been made from the applicant; the object recovered was a small steel patta resembling a kitchen knife, not intended for any unlawful purpose and there is no evidence to show that the applicant threatened or caused fear to any person. She would submit that the applicant is a 25-year-old labourer and is the sole earning member of his family. She would submit that charge-sheet has been filed before the competent court, the applicant is in custody since 03/08/2025 and conclusion of trial will take some time, therefore, she 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 and the applicant has two criminal antecedents which has been explained by filing affidavit and the said two cases are pending. 3 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 of the applicant since 03/08/2025, 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- K. Bala Shekhar @ Lalla, involved in Crime No.254/2025 registered at Police Station Mana Camp, Raipur 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 4 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 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