1 2025:CGHC:53590 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7201 of 2025 Vishal Pasi (wrongly mentioned in order vishal pasid) S/o Mukesh Pasi, Aged About 19 Years, R/o Near Lal Khadan Paria Para, Ward No.04, Police Station Torwa, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Torwa Bilaspur, District : Bilaspur, Chhattisgarh ... Respondent For Applicant : Shri Abhishek Kumar Soni, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/11/2025 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.323/2025 registered at Police Station Torwa Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 25, 27 of the Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.04 17:21:40 +0530 2 2. Case of the prosecution, in brief, is that on 30.07.2025, Women Head Constable Reena Pradhan Banjare of Police Station Torwa received information from an informant that near Torwa Marghatti Pump House, an accused person was illegally carrying a sharp iron weapon (chopper) and threatening passersby. Acting on this information, she, along with her accompanying staff, reached the spot, and from the possession of the accused, a sharp iron chopper was seized — total length 12.5 inches, blade length 7.5 inches, handle (iron-made) length 5 inches, and blade width 1.5 inches. The accused was arrested, and Crime No. 323/2025 was registered 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 alleged offence and he has not committed any act as alleged by the prosecution. He would further submit that no weapon was ever seized from the possession of the applicant. He would submit that there is no prima facie material to make out any offence under Sections 25 and 27 of the Arms Act against the applicant and he had no motive or intention to commit the alleged offence. He would submit that the applicant has seven criminal antecedents out of which four cases are disposed of and three cases are pending. He would submit that charge sheet has been filed in this case, the applicant is in jail since 30/07/2025 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 he would submit that charge sheet has been filed in this case before the competent court. He would submit that the applicant has 3 seven criminal antecedents which has been explained in para 4(a) 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 of the applicant since 30/07/2025, 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- Vishal Pasi, involved in Crime No.323/2025 registered at Police Station Torwa Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 25, 27 of the 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. 4 (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 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