1 2025:CGHC:7065 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1130 of 2025 Ghanshyam @ Ranjan Garg S/o Late Shri Pyarelal Garg Aged About 55 Years R/o Deorikhurd, Housing Board Colony, L.I.G.- 281, Police Station- Torwa, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- The Station House Officer, Police Station - Torwa, District - Bilaspur (C.G.) ... Non-Applicant(s) For Applicant(s) : Ms. Laxmeen Kashyap, Advocate. For Non-Applicant(s) : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/02/2025 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. 417/2024 registered at Police Station Torwa, District - Bilaspur (C.G.) for the offence punishable under AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Sections 25 & 27 of Arms Act. 2. Case of the prosecution, in brief, is that the accused allegedly threatened the complainant, Ravi Sharma, a Constable, with a country-made pistol on 30.10. 2024, between 10:30 and 11:00 pm. The complainant then filed a written complaint at police station Torwa, District - Bilaspur (C.G.), the next day, and a search was conducted, during which a button knife with a 6.1-inch blade and 1.5-inch width was seized from the accused. Thereafter, the offence has been registered against the applicant. 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. She further submits that the incident allegedly took place on 30.10.2024 between 10:30 pm to 11:00 pm, whereas as per FIR the date and time of incident is 31.10.2024 at 13:30 o’ clock and as such there is clear contradiction documents with respect to the date and time of incident and it shows that the case of prosecution is doubtful, so far as criminal antecedents of the applicant is concerned, applicant has three criminal antecedents, out of which, two cases are of the year 2004 and one case is of the year 2002, besides these cases, applicant has no other cases against him. The applicant is in jail since 31.10.2024, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant is alleged to 3 have threatened the complainant, Ravi Sharma, who is a Constable, with a country-made pistol, further there is a seizure of button knife with a 6.1-inch blade and 1.5-inch width from the present applicant, therefore, he 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, nature and gravity of offence, period of detention of the applicant since 31.10.2024, the fact that though the applicant is alleged to have threatened the complainant, Ravi Sharma, who is a Constable, with a country-made pistol, but there is a seizure of button knife with a 6.1-inch blade and 1.5-inch width from the present applicant, so far as the criminal antecedents of the applicant are concerned, applicant has three criminal antecedents of the years 2002 and 2004, which are old and stale, further charge- sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Ghanshyam @ Ranjan Garg, involved in Crime No. 417/2024 registered at Police Station Torwa, District - Bilaspur (C.G.) for the offence punishable under Sections 25 & 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 4 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 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 send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil