Chhattisgarh High Court

Grant of regular bail to habitual offender under Arms Act following filing of charge-sheet.

AMAN SHRIWAS vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 30, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 2

The 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. 2

The 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. 3

The State opposed bail, labeling the applicant a habitual offender.

Source reference: para. 4
02

Issues

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, 5-6
03

Law 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. 1

Sections 25 and 27 of the Arms Act regarding the illegal possession and use of weapons.

Source reference: para. 1

Section 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)
04

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. 6

The Court observed that the charge-sheet had already been filed, meaning the investigation was complete.

Source reference: para. 6

Relying 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. 6-7
05

Holding

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. 7
Chhattisgarh High Court

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AMAN SHRIWASvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 30, 2026

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