1 2026:CGHC:377 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9712 of 2025 Firoj Khan S/o Sattar, Aged About 28 Years R/o Bilal Path P.S. Asmoli District- Sambhal (U.P.) ... Applicant versus State of Chhattisgarh Through Ti, Police Station Baradwar, District- Sakti (C.G.) ... Non-Applicant For Applicant : Mr. Avadhesh Mishra, Advocate. For Non-Applicant/State : Mr. Nitansh Kumar Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.01.202 6 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. 258/2025 registered at Police Station- Baradwar, District- Sakti, (C.G.) for the offence punishable under Section 25 of the Arms Act and Sections 318(3) and 62 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that on 19.10.2025 at about 10:30 a.m., the present applicant came to the jewellery shop of the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 complainant and showed a duplicate silver bracelet and chain for the purpose of sale. On entertaining doubt, the complainant asked the applicant about his name and address, whereupon the applicant disclosed the same. When the complainant asked for the applicant’s Aadhaar card, the applicant attempted to leave the shop. On suspicion, the complainant immediately informed the police, who arrived at the spot and arrested the applicant from the place of occurrence. The complainant further informed the police that the present applicant was carrying a knife. On the basis of the said complaint, prima facie, the present crime was registered against the applicant under Section 25 of the Arms Act and Sections 318(3) and 62 of the B.N.S. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case and that the prosecution has prepared the case against him merely on suspicion. It is further submitted that the applicant was arrested by the police solely on the basis of suspicion and his memorandum statement, without any independent corroborative evidence. He also submits that out of 08 prosecution witnesses, only 01 witness has been examined and eye witness has not supported the prosecution case. He further submits that the applicant has been in judicial custody since 19.10.2025, is innocent, is a resident of Uttar Pradesh, and has no previous criminal antecedents in the State of Uttar Pradesh, the 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. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the present applicant entered the jewellery shop of the complainant with a duplicate silver bracelet and chain and attempted to leave the shop upon being questioned, which raised serious suspicion. It is further submitted that the applicant was apprehended at the spot and was found to be in possession of a knife, pursuant to which offences under Section 25 of the Arms Act and Sections 318(3) and 62 of the B.N.S. have been registered. Considering the nature and gravity of the offence, 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 has committed the said crime, but further considering that the applicant is languishing in jail since 19.10.2025, is a resident of Uttar Pradesh with no previous criminal antecedents, the charge-sheet has been submitted before the competent Court and 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. 7. Let the Applicant – Firoj Khan, involved in Crime No. 258/2025 registered at Police Station- Baradwar, District- Sakti, (C.G.) for the offence punishable under Section 25 of the Arms Act and Sections 318(3) and 62 of the Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties in 4 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 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 5 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