Regular bail granted for Arms Act offences considering detention period and charge sheet filing despite criminal antecedents.

The applicant was arrested on February 5, 2026, in connection with Crime No. 39/2026 at Police Station Gudhiyari, Raipur, for allegedly brandishing a knife in a public place

Consequently, a case was registered under Sections 25 and 27 of the Arms Act

The applicant moved the High Court for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), contending that he was falsely implicated and that the charge sheet had already been filed

The State opposed the bail, highlighting that the applicant had two criminal antecedents, one of which was pending and one disposed of

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the nature of the offense and his criminal history

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which provides the High Court with the authority to grant bail to an accused person in custody

It considered the penal provisions of Sections 25 and 27 of the Arms Act regarding the illegal possession and use of weapons

The Court incorporated procedural safeguards and penalties for non-compliance during the bail period by referencing Section 269 (non-appearance) and Section 209 (failure to appear after proclamation) of the Bharatiya Nyaya Sanhita (BNS), as well as Section 351 of the BNSS regarding the recording of the accused's statement

The Court balanced the nature of the allegations against the applicant's period of detention, noting he had been in jail since February 5, 2026

Although the State emphasized the applicant's criminal history, the Court observed that of the two prior cases, one had already been disposed of

Since the charge sheet was already filed and the trial was expected to consume considerable time, the Court found that further pre-trial detention was not warranted

To ensure the integrity of the judicial process, the Court linked the applicant's liberty to strict conditions, including a prohibition on seeking adjournments when witnesses are present and a mandate for personal appearance during crucial trial stages like the framing of charges and statement recording

The holding is conditional upon the applicant filing an undertaking against seeking frivolous adjournments and remaining present for all trial dates, with a warning that any default would be treated as an abuse of the liberty of bail and could trigger proceedings under Sections 209 and 269 of the BNS