1 2026:CGHC:9475 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1864 of 2026 Nayan Thakur S/o Ramu Thakur Aged About 20 Years R/o Bachchan Chowk Kundrapara, Gudhiyari Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari, Raipur, District Raipur Chhattisgarh ... Respondent(s) For Applicant(s) : None. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/02/2026 1. None appears nor is any representation made on behalf of the applicant to press this bail application when the case is called out. 2. It transpires from the record that the applicant is in jail since 29.04.2025. Hence, the Court proceeds to consider and hear the bail application of the applicant with the assistance of the State AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 counsel. 3. 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. 232/2025 registered at Police Station Gudhiyari, Raipur, District Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act. 4. Case of the prosecution, in brief, is that the complainant informed the concerned police station that the appellant was moving in a public place while carrying an open knife. Acting upon the said information, the police reached the spot, seized the knife from the possession of the applicant, and registered an offence under Sections 25 and 27 of the Arms Act against him. Hence, the bail application. 5. It transpires from para 4a of the bail application preferred on behalf of the applicant that the applicant has 03 criminal antecedents, which are pending. 6. 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 allegedly was found carrying an open knife in a public place without lawful authority, in contravention of the provisions of the Arms Act, and the same was seized by the police from his possession. Furthermore, the applicant has 03 criminal antecedents, which are 3 pending, therefore, the applicant is not entitled for grant of bail. 7. I have perused the case diary and the documents appended with the bail application. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 29.04.2025, the fact that though the applicant allegedly was found carrying an open knife in a public place without lawful authority, but considering the fact that the applicant had not caused any injury to anyone, also considering the criminal antecedents of the applicant which are 03 in number, and the same are pending, further the 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. 9. Accordingly, the application is allowed. 10. Let the Applicant-Nayan Thakur, involved in Crime No. 232/2025 registered at Police Station Gudhiyari, Raipur, District Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the 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 4 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 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. 11. Office 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