Bail granted for Arms Act offences upon filing of charge-sheet notwithstanding applicant’s criminal antecedents.

On February 2, 2026, police received information that the applicant was threatening passersby with a sword near Dayalband Gurunanak School, Bilaspur

Upon reaching the spot, the police observed the applicant swinging a knife and shouting; he attempted to flee but was apprehended

The applicant could not produce legal documentation for the weapon, leading to his arrest under the Arms Act

The applicant has been in custody since February 2, 2026, and a charge-sheet has already been filed

The applicant has four criminal antecedents, two of which have been disposed of

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering his criminal history and the stage of the trial

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail

Sections 25 and 27 of the Arms Act

Procedural compliance under the Bharatiya Nyaya Sanhita (BNS), specifically Sections 269 (non-attendance) and 209 (failure to appear after proclamation)

BNSS Section 84 (proclamation for person absconding) and Section 351 (recording of statement) to ensure trial discipline

The court balanced the nature and gravity of the allegations against the procedural status of the case.

Although the State opposed bail due to the applicant’s four criminal antecedents, the court observed that two of these antecedents had already been resolved.

The court noted that the investigation was complete, evidenced by the filing of the charge-sheet, and that the applicant had been incarcerated for over two months.

Reasoning that the trial would likely take considerable time to conclude, the court found that continued pre-trial detention was unnecessary, provided that the liberty of bail was balanced with strict conditions to prevent the abuse of process and ensure the applicant's presence during trial.

The holding was conditioned upon the applicant undertaking not to seek unnecessary adjournments and appearing personally for key trial stages, including the framing of charges and recording of statements.

The court further directed that any misuse of liberty or failure to appear would allow the trial court to initiate proceedings under the relevant provisions of the BNS and BNSS.