Regular bail granted in Arms Act case considering charge-sheet filing and custody duration despite existing criminal antecedents.

The applicant was arrested on August 6, 2025, following a police search at an old bus stand where he was found in possession of a knife

Consequently, Crime No. 250/2025 was registered at Police Station Tarbahar for an offence under Section 25 of the Arms Act

Following the completion of the investigation, the prosecution filed a charge-sheet

The applicant has five criminal antecedents involving the Gambling Act, NDPS Act, Arms Act, and Excise Act; however, he has been acquitted in one, two were disposed of via fines, and two remain pending

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of his criminal antecedents and the duration of his judicial custody

The court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant regular bail

The substantive charge was governed by Section 25 of the Arms Act

Procedural conditions for bail were regulated by Sections 84, 269, and 351 of the BNSS and Sections 209 of the Bharatiya Nyaya Sanhita (BNS) to ensure trial attendance and prevent the abuse of liberty

The Court evaluated the entitlement to bail by weighing the applicant's criminal history against the current procedural facts.

Although the State opposed the bail on the grounds that the applicant is a "habitual offender" due to five prior cases, the Court noted the applicant’s specific explanations for these antecedents, observing that only two cases are currently pending

The Court further reasoned that since the applicant has been in judicial custody since August 6, 2025, the charge-sheet has already been filed, and the trial is expected to take considerable time, continued incarceration was not warranted

The Court concluded that the interests of justice could be served by releasing the applicant on bail subject to strict conditions to ensure he does not delay the trial or misuse his liberty

The Court ordered the release of Adil Khan on a personal bond with two sureties

The grant of bail was made subject to several conditions: the applicant must not seek adjournments during witness testimony, must appear on every trial date, and must be personally present for the framing of charges and recording of statements under Section 351 of the BNSS

Failure to comply would allow the trial court to treat the default as an abuse of liberty