1 2025:CGHC:59487 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10040 of 2025 Narayan Sahu S/o Lomash Sahu Aged About 20 Years R/o Bharat Nagar, Ramnagar, Gudhiyari District Raipur (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Gudhiyari, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.12.2025 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. 443/2025 registered at Police Station- Gudhiyari, District Raipur, (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. Case of the prosecution, in brief, is that the complainant informed the concerned police station that the applicant was openly carrying a talwar. Acting on this information, the police seized the talwar and RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 registered a case against the applicant under Sections 25 and 27 of the Arms Act. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that nothing has been seized from the possession of the present applicant. He further submits that the present applicant has 02 criminal antecedents under the IPC, in which he has already been acquitted, explained in paragraph 4(a) of the bail application. He further submits that the applicant is in jail since 03.10.2025, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant was openly carrying a talwar. She further submits that the present applicant has 02 criminal antecedent under the IPC which shows that he is a habitual offender, therefore, the applicant is not entitled for grant of bail. 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 that though the applicant was openly carrying a talwar and has 02 criminal antecedents under the IPC, but criminal antecedents are explained in the paragraph 4(a) of the bail application in which he 3 has already been acquitted and the charge-sheet has been submitted before the competent Court and he is in jail since 03.10.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let the Applicant – Narayan Sahu, involved in Crime No. 443/2025 registered at Police Station- Gudhiyari, District Raipur, (C.G.) for the offence punishable under Sections 25 and 27 of the 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 4 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 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