In the absence of substantive evidence, bail may be granted to prevent prolonged custody, even for habitual offenders.

Order :

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.447/2024 registered at Police Station Pahari, District Deeg for the offence(s) under Sections 319(2), 318(4), 338, 336(3), 340(2) and 308(2) of BNS and Sections 66D and 66E of IT Act and Section 3/25 of Arms Act.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is alleged against the accused-petitioner that he supplied the illegal arms to the other co-accused Aabid. Apart from the disclosure statement of other co-accused Aabid, there is no other substantive evidence available on record that the accused-petitioner supplied the illegal arm to the other co-accused Aabid. The accused- petitioner is in custody since long and trial of the case may take considerable time, therefore, the bail application of the accused- petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application and contended that against the accused-petitioner, 12 criminal cases were registered under various offences and the accused-petitioner is a habitual offender, therefore, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. Admittedly, the recovery of illegal arm was not effected from the present accused-petitioner, rather was found from the possession of the other co-accused Aabid, who has disclosed the accused-petitioner's name for supplying the arm to him. Apart from the disclosure statement of the other co-accused Aabid, there is no other substantive evidence available on record against the present petitioner, therefore, considering the above facts and without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Javed @ Jabba S/o Ismail in connection with FIR No.447/2024 registered at Police Station Pahari, District Deeg, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

7. The accused is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Magistrate.