1 2025:CGHC:59508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8582 of 2025 Saurabh Tiwari S/o Raja Bhaiya Tiwari Aged About 30 Years R/o Rajabhau Thakre, Ward No. 26, Daldalsevani, Saddu, Raipur, Distt. Raipur C.G. ...Applicant versus State Of Chhattisgarh Through The Police Station Pandari, District Raipur C.G. ... Non-applicant For Applicant : Mr. Ankur Agrawal, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 240/2025 registered at Police Station – Pandari District Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 2. As per the prosecution story, the police received confidential information stating that the applicant was openly brandishing a knife in a public place with the intention of creating fear and panic among the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.09 11:44:57 +0530 2 general public. Acting upon this information, the police immediately reached the spot, apprehended the applicant, and seized the knife from his possession. On this basis, an FIR bearing No. 240/2025 was registered against the applicant for the alleged commission of offences under Sections 25 and 27 of the Arms Act for possessing and displaying a weapon in public without lawful authority. 3. The applicant respectfully submits that he is innocent and has been falsely implicated in the present case. He further submits that as the prosecution has failed to establish the essential ingredients of the offences under Sections 25 and 27 of the Arms Act. It is contended that the learned court below did not properly appreciate the material on record and has rejected the bail application by stretching its imagination beyond permissible limits. The applicant is of tender age, and continued incarceration will adversely affect his physical and mental well-being; moreover, he is the sole breadwinner of his family. There is no likelihood of the applicant interfering with the trial or tampering with evidence, and he has been intentionally implicated without any substantive proof. The applicant is a permanent resident of the address mentioned in the cause title, eliminating any possibility of absconding, and he undertakes to abide by all conditions that may be imposed by this Hon’ble Court, therefore, prays to be released on bail. 4. On the other hand, learned State counsel opposes the bail application, she submits that the applicant has 06 criminal antecedents, therefore, applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence levelled against the present applicant, moreover, the charge-sheet has been filed before the competent Court and he is in jail since 04.09.2025 and conclusion of the trial may take some more time, therefore, this Court is of the view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Saurabh Tiwari, involved in Crime No. 240/2025 registered at Police Station – Pandari District - Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act, be released on bail on his furnishing personal bond with two local 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 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 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav