Regular bail granted for Arms Act offences post charge-sheet notwithstanding the applicant's criminal antecedents.

The applicant, Rajkamal Yadav, was arrested in connection with Crime No. 05/2026 at Police Station Mujgahan for allegedly brandishing a knife in a public space

Following a tip-off from a complainant, the police seized the weapon and registered an FIR under Sections 25 and 27 of the Arms Act

The applicant has been in judicial custody since January 3, 2026

The applicant contended he was falsely implicated and that the ingredients of the alleged offences were not met

The State opposed the bail application, highlighting that the applicant has four previous criminal antecedents

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in view of his period of incarceration and the completion of the investigation

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the procedure for regular bail

The substantive charges were assessed under Sections 25 and 27 of the Arms Act regarding the illegal possession and use of weapons

Procedural conditions for the continuation of bail were governed by Sections 84 (proclamation for person absconding), 209 (punishment for non-appearance), 269 (failure to attend in obedience to an order), and 351 (evidence in presence of accused) of the Bhartiya Nyaya Sanhita (BNS) and BNSS

The Court evaluated the gravity of the offence alongside the procedural status of the case.

It noted that the investigation was complete and the charge-sheet had already been filed before the competent court

Despite the State’s objection regarding the applicant’s four prior criminal antecedents, the Court observed that the applicant had been in jail for over two months and the trial was likely to be protracted

The Court reasoned that prolonged incarceration was unnecessary provided that strict conditions were imposed to ensure the applicant’s presence during trial and to prevent further criminal activity or procedural delays

The holding is contingent upon several conditions: the applicant must not seek adjournments during witness testimony, must appear personally on all fixed dates (including framing of charges and recording of statements), and must comply with all procedural requirements of the BNS and BNSS

The Court clarified that any default or abuse of liberty would allow the trial court to initiate proceedings for cancellation of bail