Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:59213
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9975 of 2025 Deepchand Komre S/o Ashok Komre Aged About 27 Years R/o Ward No. 22, Rewadih Police Station Lalbag, Tehsil and District- Rajnandgaon (C.G.)
... Applicant versus State of Chhattisgarh Through Police Station Lalbag District- Rajnandgaon (C.G.)
... Non-Applicant For Applicant : Mr. Aniruddh Singh, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 05.12
.202
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1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 383/2025, registered at Police Station – Lalbag, District- Rajnandgaon (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. As per the prosecution story, the police received information on 24.08.2025 that a person was carrying a sharp knife and threatening the general public on the road near the old liquor shop situated in Rewadih. The police arrived at the spot, arrested the applicant, and seized a sharp knife measuring 11.4 cm in length and 2 cm in blade width in the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.06 12:12:01 +0530
2 presence of witnesses. A FIR bearing Crime No. 383/2025 was registered at Lalbagh Police Station, Rajnandgaon. 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 further submitted that the applicant was neither carrying any weapon nor showing it to the public. He also submitted that the applicant has two previous criminal antecedents, out of which in one case he is on bail and in another case he has been acquitted by the trial Court, further the charge-sheet has been filed in this case and the applicant is in jail since 24.08.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has been filed in the present case. He further submits that the applicant has three previous criminal antecedents, therefore the applicant is not entitled for grant of bail. 5.
I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact the charge-sheet has been filed in this case and the applicant has two previous criminal antecedents, out of which in one case he is on bail and in another case he has been acquitted by the trial Court, the applicant is in jail since 24.08.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant - Deepchand Komre, respectively involved in Crime No. 383/2025,
3 registered at Police Station – Lalbag District- Rajnandgaon (C.G.) for the offence punishable under Sections 25 and 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 and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants 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
4 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 concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Preeti