Nafr High Court
Case Details
1 2025:CGHC:10861 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1808 of 2025 Kanha Bhoi S/o Arun Kumar Bhoi Aged About 23 Years R/o Katiyapara, Juna, Bilaspur, P.S.- City Kotwali, District - Bilaspur (C.G.) versus ... Applicant State of Chhattisgarh Through - Police Station City Kotwali, District - Bilaspur (C.G.) ... Non-Applicant For Applicant
Legal Reasoning
: Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.03.2025 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. 48/2025 registered at Police Station- City Kotwali, Bilaspur, District- Bilaspur, (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act. 2. Case of the prosecution, in brief, is that on 24.01.2025, an informer reported that a person was roaming around in Pachrighat with an illegal knife and threatening people by brandishing it, thereby RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 creating an atmosphere of fear at the spot. It was also reported that the applicant/accused habitually carries a weapon. Upon receiving the complaint regarding intimidation and threats, a blue-colored, sharp iron knife with a 12-inch-long handle was seized from the possession of the present applicant in the presence of witnesses, and he was taken into custody. 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 nothing has been seized from the possession of the present applicant. He further submits that the applicant is permanent resident of as per cause title of the application, where her immovable and movable properties are situated, the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Hon’ble Court. He further submits that the present applicant has 03 criminal antecedents of the year 2019 and 2003. He further submits that the applicant is in jail since 24.01.2025, the applicant has no criminal antecedent, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the present applicant was roaming around in Pachrighat with an illegal knife and threatening people by brandishing it, thereby creating an atmosphere of fear at the spot. He further submits that 3 the applicant/accused habitually carries a weapon. Upon receiving the complaint regarding intimidation and threats, a blue-colored, sharp iron knife with a 12-inch-long handle was seized from the possession of the present applicant in the presence of witnesses. He further submits that the present applicant has 03 criminal antecedents which shows that he is a habitual offender, therefore, the applicant 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 and gravity of offence, period of detention of the applicant since 24.01.2025, the fact that though the present applicant was roaming around in Pachrighat with an illegal knife and threatening people by brandishing it, thereby creating an atmosphere of fear at the spot and a blue-colored, sharp iron knife with a 12-inch-long handle was seized from the possession of the present applicant, and also the present applicant has 03 criminal antecedents, but criminal antecedents of the applicant is concerned that criminal antecedents are of the year 2019 and 2003 which is old and stale and 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. 7. Let the Applicant – Kanha Bhoi, involved in Crime No. 48/2025 registered at Police Station- City Kotwali, Bilaspur, District- Bilaspur, (C.G.) for the offence punishable under Sections 25 and 27 of Arms Act, be released on bail on furnishing personal bond 4 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 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 5 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. Rahul Dewangan Sd/- (Ramesh Sinha) Chief Justice