1 2025:CGHC:6810 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1048 of 2025 1. Anuj Dhruw S/o Ramesh Dhruw Aged About 20 Years R/o Santoshi Nagar, Near Bazar, In Front Of Sharma Jim, P.S. Tikrapara, District Raipur Chhattisgarh ... Applicant (In Jail) versus 1. State Of Chhattisgarh Through Station House Officer, Police Station Purani Basti, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Umesh Pandey, Advocate For Non-applicant : Ms. Shubhra Shrivastava, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 06/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.1/2025 registered at Police Station – Purani Basti, Raipur District Raipur (C.G.) for the offence punishable under Section 25 of Arms Act. 2. Case of the prosecution, in brief, is that based on secret information received from the informer, the police apprehended NISHA DUBEY Digitally signed by NISHA DUBEY 2 the applicant and recovered one button actuated knife was recovered from his possession without any permit or license and in contravention of the Arms Act. Accordingly, the case was registered against the applicant and he was arrested on 3.1.2025. 3. It has been argued by the learned counsel for the applicant that present applicant is innocent, he has not committed any offence as alleged against him and he has been falsely implicated in the crime in question. He submits that the alleged recovery of knife has been effected from an open place and not from exclusive possession of the applicant. The offence alleged against the applicant is triable by the Magistrate First Class, the applicant is 20 years old boy and is in custody since 3.1.2025. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the investigation is still pending and charge-sheet has not been submitted. She further submits that there is one criminal antecedent against the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of case and without commenting anything on merits of the case, I am inclined to grant regular bail to the applicant. 3 7. Let applicant Anuj Dhruw involved in Crime No.1/2025 registered at Police Station Purani Basti, Raipur District Raipur (CG) for the offence punishable under Section 25 of Arms Act, be released on regular bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the trial 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 their 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 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 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 4 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 Nisha