1 2026:CGHC:1681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 299 of 2026 Sheikh Farukh S/o Sheikh Nizamuddin Aged About 35 Years R/o Mohaba Bazar Sarona Rda Colony, P.S. Aamanaka, Distt. Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through P.S. Moudha Para, District- Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.01.2026 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. 205/2025 registered at Police Station- Moudha Para, Raipur, District- Raipur, (C.G.) for the offence punishable under Section 25 of the Arms Act. 2. The prosecution story, in brief, is that on 19.09.2025, the police of Police Station Moudhapara, Raipur, received secret information that the applicant along with co-accused persons was illegally RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 carrying a knife, pursuant to which the police apprehended and arrested the applicant, and thereafter registered the FIR. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated by the police and has no role in the commission of the alleged offence. It is contended that there is no legal material or evidence available on record to constitute the offences alleged by the prosecution, and that no eyewitness statement has been recorded attributing any overt act of threatening to the applicant. He further submits that the applicant has two previous criminal antecedents and both the cases are disposed of, the charge-sheet has been filed, he is in jail since 19.09.2025, and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the applicant was apprehended pursuant to secret information and a knife was recovered from his possession. It is further submitted that the applicant has two previous criminal records, which shows that he is a habitual offender, and therefore, considering his antecedents and the seriousness 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. 3 6. Taking into consideration the facts and circumstances of the case that though the applicant is actively involved in the offence and that a knife has been recovered from the possession of the applicant, and he has two previous criminal antecedents, but both the cases are disposed of, explained in the bail application and considering that the applicant is languishing in jail since 19.09.2025, 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. Accordingly, the bail application is allowed. Let the applicant - Sheikh Farukh, involved in Crime No. 205/2025 registered at Police Station- Moudha Para, Raipur, District- Raipur, (C.G.) for the offence punishable under Section 25 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 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 4 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 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