1 2026:CGHC:20459 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4034 of 2026 Hitesh Netam S/o Late Shri Shankarlal Netam Aged About 20 Years R/o Makeshwar Ward, Dhamatari Tahsil And Distt. Dhamtari Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Officer-In-Charge Of Police Station - City Kotwali, District Dhamtari Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. R.S. Patel, Advocate. For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/05/2026 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. 196/2025 registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offences punishable under Section 223 of BNS, Sections 14, 15 of C.G. Rajya Suraksha Adhiniyam and Section 25, 27 of the Arms Act. 2 2. Case of the prosecution, in brief, is that the alleged incident took place on 17.08.2025, when the police received secret information that the present applicant was roaming near a public place, i.e., a school area, carrying a button-actuated knife and allegedly threatening passersby. Acting on the said information, the police apprehended the applicant on the spot. Subsequently, the applicant was arrested and implicated in the present case. Thereafter, Police Station City Kotwali, District Dhamtari, registered an offence against the applicant under Section 223 of the Bharatiya Nyaya Sanhita, 2023, Sections 14 and 15 of the C.G. Rajya Suraksha Adhiniyam, 1990, and Sections 25 and 27 of the Arms Act, 1959, vide Crime No. 196/2025. Hence, the bail appilcation. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the entire prosecution case rests solely on alleged secret information received by the police and the statements of police officials, without any independent corroboration. Despite the alleged incident having occurred at a public place, no independent witness has been cited or examined, which casts serious doubt on the veracity of the prosecution story. He also submits that even as per the prosecution case, there is no allegation that the applicant caused any injury to any person or used the alleged weapon to inflict harm. The allegations are vague and limited to mere possession of a knife and alleged threatening, without any specific overt act, and such possession, in absence of use or 3 attempt to cause injury, does not constitute a grave offence warranting continued incarceration. He later submits that the allegation regarding violation of the externment (Jila-badar) order is not supported by any cogent material, as there is no proof of its proper service or knowledge upon the applicant. Furthermore, there is no material on record to indicate that the applicant poses any real or imminent threat to public order or safety, and the allegations appear to be exaggerated without any actual harm caused. The applicant is in jail since 17.08.2025, the applicant has nine criminal antecedents registered at Crime Nos.622 of 2022, 131 of 2023, 183 of 2023, 185 of 2023, 371 of 2021, 367 of 2024, 269 of 2024, 233 of 2023 and 09 of 2024, out of which, six cases have already been disposed and only three cases are pending, further 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. 4. 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 is alleged to have been found roaming near a school (public place) while carrying a button-actuated knife and allegedly threatening passersby, so far as the criminal antecedents of the applicant are concerned, applicant has nine criminal antecedents registered at Crime Nos.622 of 2022, 131 of 2023, 183 of 2023, 185 of 2023, 371 of 2021, 367 of 2024, 269 of 2024, 233 of 2023 and 09 of 2024, therefore, the applicant is not entitled for grant of bail. 4 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 and gravity of offence, period of detention of the applicant since 17.08.2025, the fact that though the applicant is alleged to have been found roaming near a school (public place) while carrying a button-actuated knife and allegedly threatening passersby, but considering the fact that The applicant has nine criminal antecedents registered at Crime Nos.622 of 2022, 131 of 2023, 183 of 2023, 185 of 2023, 371 of 2021, 367 of 2024, 269 of 2024, 233 of 2023 and 09 of 2024, out of which, six cases have already been disposed, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Hitesh Netam, involved in Crime No. 196/2025 registered at Police Station City Kotwali, District Dhamtari (C.G.) for the offences punishable under Section 223 of BNS, Sections 14, 15 of C.G. Rajya Suraksha Adhiniyam and Section 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 5 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. 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 Akhil