Bail denied where trial reaches the stage of recording accused statement under Section 313.

On November 13, 2025, acting on a tip-off, police apprehended the applicant at Patharri Ganesh Chowk, Korba

A search of the applicant resulted in the seizure of a silver-colored pistol and six unused bullets for which he could not provide legal documentation

The applicant subsequently disclosed in a memorandum that he had transported 32 unused bullets and two magazines from Bihar, some of which were distributed to a co-accused hotel owner

The applicant was charged under the Arms Act and the Bhartiya Nyaya Sanhita (BNS)

At the time of the bail hearing, the applicant had been in custody since his arrest, the charge-sheet had been filed, and the trial was at the stage of recording the statement under Section 313

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the advanced stage of the trial and the nature of the recovery

The Court considered the application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (the successor to Section 439 of the CrPC) regarding regular bail

The substantive offences were registered under Sections 25 and 27 of the Arms Act and Section 61 of the Bhartiya Nyaya Sanhita (BNS), 2023

The Court acknowledged the applicant’s invocation of Article 21 of the Constitution of India regarding the right to life and personal liberty, supported by the principles in Sanjay Chandra v. CBI, Hussainara Khatoon (III) v. Home Secretary, State of Bihar, and State of Kerala v. Raneef

The Court evaluated the gravity of the offence, which involved the illegal possession of a firearm and significant quantities of ammunition

Although the applicant argued for parity with a co-accused who was granted bail and highlighted his young age (19) and lack of criminal antecedents, the Court focused on the procedural status of the case

The Court noted that the trial was nearing completion, with the Section 313 examination of the accused scheduled for the day immediately following the hearing

The Court reasoned that given the terminal stage of the proceedings and the nature of the allegations, judicial intervention for bail was not warranted at this juncture

It held that no grounds for bail existed due to the gravity of the offence and the fact that the trial was at the stage of completion

The Court directed the trial court to proceed and conclude the trial expeditiously