P&H HC Denies Sona Singh Bail In Case With 16 Pistols And 1,847 Cartridges, While Co-Accused Gets Bail With No Weapon Recovered

The petitions under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), sought regular bail in a case registered under Section 113A(V) of the Bharatiya Nyaya Sanhita, 2023, and provisions of the Arms Act, 1959.

The prosecution alleged that Sona Singh and a co-accused were involved in smuggling illegal arms from Pakistan. At arrest, police allegedly recovered 16 pistols, 38 magazines and 1,847 cartridges; the recovery was attributed to the two accused, including items found in a bag and one pistol each from their personal possession.

Ashok Singh was subsequently implicated in Sona Singh’s disclosure statement; a mobile phone without a SIM card was allegedly recovered at Ashok Singh’s instance, but no weapon was recovered from him.

Both petitioners had undergone approximately one year and one month in custody. Ashok Singh faced four other NDPS cases, while the State acknowledged that Sona Singh had no other criminal case.

The Court considered the petitions together and granted bail to Ashok Singh but dismissed Sona Singh’s petition.

The Court considered its regular-bail jurisdiction under Section 483 of the BNSS, 2023 (formerly Section 439 of the Code of Criminal Procedure).

The alleged offences were under Section 113A(V) of the BNS, 2023 and the specified provisions of the Arms Act, 1959.

The Court assessed the individual circumstances, including the nature of the allegations, whether a weapon was recovered from each petitioner, custody already undergone, and the likely time required for trial.

No judicial precedent was cited in the order.

For Ashok Singh, the Court found that no weapon had been recovered from his possession and that the principal allegation concerned his alleged involvement in an arms-smuggling network. In light of his custody of over one year and the likelihood that trial would take considerable time, continued detention was not considered useful, notwithstanding the State’s objection concerning his other cases.

In Sona Singh’s case, the Court considered the alleged recovery of 16 pistols, 38 magazines and 1,847 cartridges, and found the quantity of weapons and ammunition, together with the gravity of the allegations, sufficient to refuse bail at that stage.

The Court dismissed Sona Singh’s petition.

It clarified that its observations were not an opinion on the merits and directed the trial court to decide the case independently and expeditiously in accordance with law.