Charge-sheet filing and custody duration warrant bail under Arms Act despite previous criminal antecedent.

The applicant filed a first bail application after being arrested in connection with Crime No. 85/2026 at Police Station Mahasamund for an offense under Section 25 of the Arms Act, 1959.

The prosecution alleged that during a police raid at Sanjay Kanan Garden, the applicant was found waving a knife and creating a public nuisance.

The applicant contended he was falsely implicated, was not present at the spot, and had been in custody since February 20, 2026.

While the applicant admitted to one previous criminal antecedent, he noted that the charge-sheet in the present matter had already been filed.

The State opposed bail, emphasizing the applicant's criminal history.

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the filing of the charge-sheet and the nature of the alleged offense.

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

The substantive charge involved Section 25 of the Arms Act, 1959.

Additionally, the Court referenced procedural safeguards and penalties for bail default under Sections 84, 269, and 351 of the BNSS and the Bharatiya Nyaya Sanhita (BNS).

The Court evaluated the gravity of the allegations alongside the progress of the legal proceedings. It observed that the investigation had reached a stage where the charge-sheet was already filed.

Although the applicant had a prior criminal record, the Court weighed this against the fact that he had been incarcerated for approximately six weeks (since February 20, 2026) and the trial was expected to be protracted.

The Court reasoned that under the prevailing facts and circumstances—specifically the completion of the investigation and the likely duration of the trial—the applicant’s further detention was unnecessary, provided strict conditions were imposed to ensure his presence during the trial.

The holding is subject to several conditions: (i) the applicant must not seek adjournments during witness testimony; (ii) he must appear on every date fixed by the trial court; (iii) default in appearance may trigger proceedings under Section 269 of the BNS or Section 84 of the BNSS; and (iv) he must be personally present for the opening of the case, framing of charges, and recording of his statement under Section 351 of the BNSS.