1 2026:CGHC:14108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2769 of 2026 Bire Sahu S/o Leelaram Sahu Aged About 28 Years R/o Bharat Nagar, Jhanda Chowk, P.S. Gudhiyari District Raipur, C.G. ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Gudhiyari, District Raipur, C.G. ... Respondent For Applicant : Ms. Khusbhu Sahu, Advocate. For Respondent/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/03/2026 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.39/2026 registered at Police Station Gudhiyari, District Raipur, C.G for the offence punishable under Sections 25, 27 of the Arms Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.25 11:07:18 +0530 2 2. Case of the prosecution, in brief, is that the complainant has given information to the concerned police station that the applicant was moving knife at open place and on such information, the police has seized knife and has registered the case under section 25, 27 of the Arms Act against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She would submit that the applicant was neither moving knife nor committed any aforesaid offence as alleged by the prosecution against him. She would submit that the charge sheet has been filed in this case, the applicant is in jail since 05/02/2026 and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that the applicant has two criminal antecedents, out of which one case is disposed of and one case is pending. 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 of allegation levelled against the applicant, period of detention of the applicant since 05/02/2026, applicant has two criminal antecedents, out of which one case is disposed of and one case is pending, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, therefore this Court is of the view that the applicant is entitled to be released on bail in this 3 case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Bire Sahu, involved in Crime No.39/2026 registered at Police Station Gudhiyari, District Raipur, C.G for the offence punishable under Sections 25, 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 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 4 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. 8. 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 gouri