Facts
On March 2, 2026, police acting on a secret informant's tip apprehended the applicant, Aman Shriwas, near a pond in Nayapara, Sirgitti. Upon search, a knife was recovered from his possession.
Source reference: para. 2The applicant failed to produce valid documentation for the weapon, leading to his arrest on March 3, 2026, for offenses under the Arms Act.
Source reference: para. 2The applicant sought regular bail, noting that while he had seven criminal antecedents, five had been disposed of and he had been in custody for nearly two months.
Source reference: para. 3The State opposed bail, labeling the applicant a habitual offender.
Source reference: para. 4Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, despite having multiple criminal antecedents and being a repeat offender under the Arms Act.
Source reference: para. 1, 5-6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail.
Source reference: para. 1Sections 25 and 27 of the Arms Act regarding the illegal possession and use of weapons.
Source reference: para. 1Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding non-attendance and Section 209 of the BNS for failure to appear following a proclamation under Section 84 of the BNSS.
Source reference: para. 7(ii-iii)Reasoning
The Court weighed the applicant's prior criminal history against the current status of the proceedings. While the State argued that seven antecedents justified detention, the Court noted the applicant's explanation that five cases were already disposed of and bail had been granted in another.
Source reference: para. 6The Court observed that the charge-sheet had already been filed, meaning the investigation was complete.
Source reference: para. 6Relying on the principle that the trial would take considerable time and the applicant had been in judicial custody since March 3, 2026, the Court determined that continued incarceration was unnecessary provided strict conditions were met to ensure participation in the trial.
Source reference: para. 6-7Holding
The Court allowed the application and granted regular bail to the applicant. The holding established that criminal antecedents alone do not automatically bar bail if most cases are disposed of and the charge-sheet is filed.
The applicant was ordered released upon furnishing a personal bond with two sureties, subject to conditions: appearing on all trial dates, not seeking unnecessary adjournments, and complying with Sections 209 and 269 of the BNS.
Source reference: para. 7Original Court PDF
AMAN SHRIWASvsSTATE OF CHHATTISGARH
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