The absence of evidence against the applicant, along with the grant of bail to co-accused, justifies the decision to allow bail with specific conditions.

Order on Board

1. This is the First bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 366/2024 registered at Police Station : City Kotwali Raigarh District - Raigarh, for the offence punishable under Sections 25 and 27 of Arms Act and Sections 147 , 148 and 149 of Indian Penal Code , 1860.

2. As per the prosecution case, on 14.06.2024 at near Natwar School, Raigarh, the applicants along with the other co-accused namely Aditya Shukla , Aditya Shriwas, Abhishek Thakur, Deepak Singh, Bhowmik Chauhan, and Present accused having sword and Hockey Sticks, in a public place and swinging in the air. On 15.06.2024 the Police after receiving the video from social media, an FIR is registered against the co- accused namely, Chahat Shukla, Raju Shriwas, Abhishek Thakur, Sonu Thakur and other Co accused person. On the basis of the report the concerning police has registered the FIR for the offence section 25, 27 of Arms Act and 147,148,149 of IPC against the applicant and after investigation the charge-sheet has been filed before the trial Court.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that no recovery of unlawful things has been recovered from the applicant. He also submits that the co-accused persons, namely, Nikhil Thakur and Vikky Das and Bhaumik Chouhan have already been granted bail by this Court vide order dated 23.08.2024 and 05.11.2024 passed in MCRC Nos. 5928/2024 and 7614/2024 respectively. He later submits that the applicant has four previous criminal antecedents under the IPC which are still pending, the charge-sheet has been submitted and the applicant is in jail since 18.06.2024. Therefore, he prays that the applicant be enlarged on bail.

4. On the other hand, learned State counsel opposes the bail application and submits that charge-sheet has been filed. She further submits that the applicant alongwith other co-accused persons holding sword and hockey stick in their hands and swinging it on air at public place, further the applicant has four previous criminal antecedents under the IPC . Hence, he is not entitled to be released on bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that no seizure has been made from the applicant and further, the co-accused persons, namely, Nikhil Thakur and Vikky Das and Bhaumik Chouhan have already been granted bail by this Court vide order dated 23.08.2024 and 05.11.2024 passed in MCRC Nos. 5928/2024 and 7614/2024 respectively, charge-sheet has been filed in the present case before the competent Court and 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. Let the applicant - Karan Chauhan, involved in Crime No. 366/2024 registered at Police Station : City Kotwali Raigarh District - Raigarh, for the offence punishable under Sections 25 and 27 of Arms Act and Sections 147 , 148 and 149 of Indian Penal Code , 1860, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 their counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Secti