1 2026:CGHC:4500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9826 of 2025 Rahul Pasi, Aged About 25 Years S/o Santosh Pasi R/o Dabripara, Sarkanda, P.S. Sarkanda, Tah. And District- Bilaspur, C.G. ... Applicant versus State Of Chhattisgarh Through The Police Station Torwa, District : Bilaspur, Chhattisgarh ... Respondent For Applicant : Shri Ritesh Verma, Advocate. For Respondent/State : Ms. Ritika Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/01/2026 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.349/2025 registered at Police Station Torwa, Bilaspur for the offence punishable under Sections 25 and 27 of Arms Act, 1959. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.28 18:29:22 +0530 2 2. Case of the prosecution, in brief, is that on 18.8.2025, the patrolling team was on patrolling duty, received information from informant about the raiders, near cycle stand of Railway Station Torwa, when they were on their way to Budhwari bazaar. One person is giving threat to the public, having a sword with him. The patrolling team laid a siege and arrested the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated by the police in this plotted case. He would submit that there is no evidence against the applicant to hold him guilty beyond reasonable doubt. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 18/08/2025 and conclusion of trial will take some time, therefore, he 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 and the applicant has 13 criminal antecedents, out of which in 3 cases he has been acquitted and rest other cases are pending, as such he is a habitual offender and 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 of allegation levelled against the applicant, applicant has 13 criminal antecedents, out of which in 3 cases he has been acquitted and rest other cases are pending, period of detention of the applicant since 18/08/2025, charge sheet has been filed and also considering 3 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 case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Rahul Pasi, involved in Crime No.349/2025 registered at Police Station Torwa, Bilaspur for the offence punishable under Sections 25 and 27 of Arms Act, 1959, be released on bail on his furnishing a personal bond with two heavy 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 4 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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 9. 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