The court established that lack of criminal antecedents and prolonged judicial custody can justify the granting of bail despite allegations of serious offences.

ORDER :

1.The instant appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008 against the order dated 29.10.2024 passed by learned Vacation Judge, Nagar Untari, Garhwa in Bail Petition No.14 of 2024 whereby and whereunder the prayer for regular bail of the appellant in connection with Ketar P.S. Case No.57 of 2024, registered for the offences under Sections 25(1-B)a , 25(1- AA ) , 26 and 35 of the Arms Act, has been rejected.

2. It has been contended on behalf of the appellant that the recovery of the country made pistol, as per the prosecution story, is there said to be recovered from the possession of the present appellant. Therefore, no ingredient of Section 25(1-A) of the Arms Act is there so far present appellant is concerned.

3. It has been contended that merely on the ground that on the confession of the present appellant, the other materials have been seized from the possession of other co-accused persons and therefore, the appellant has also been alleged to have been committed the offence under Section 25(1-A) of the Arms Act.

4. It has been contended that the appellant is languishing in judicial custody since 13.09.2024 while having no criminal antecedent.

5. While on the other hand, Mr. Vineet Kumar Vashistha, learned Special Public Prosecutor, appearing for the State, has vehemently opposed the prayer to interfere with the impugned order.

6. We have heard learned counsel for the parties and gone through the finding recorded by the learned court in the impugned order as also the case diary.

7. The fact about the recovery of the pistol, as per the seizure memo, found to be there. Although, the recovery of the other materials are there for the purpose of manufacturing of the pistol from another co- accused person said to be on the confession of the present appellant. The appellant is languishing in judicial custody since 13.09.2024 and he is having no criminal antecedent and as such, this Court is of the view that the impugned order needs to be interfered.

8. In view thereof, the order dated 29.10.2024 passed by learned Vacation Judge, Nagar Untari, Garhwa in Bail Petition No.14 of 2024, is hereby quashed and set aside.

9. In consequence thereof, the instant appeal stands allowed

10. Accordingly, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Vacation Judge, Nagar Untari, Garhwa in connection with Bail Petition No.14 of 2024, arising out of Ketar P.S. Case No.57 of 2024, subject to the condition that the appellant shall appear before the court concerned on each and every date. Further, appellant shall file an affidavit that he shall not commit such type of offence in future and in case of repetition of the offence, the Investigating Agency is at liberty to make an application before the concerned court for cancellation of bail bond of the appellant.

11. The instant criminal appeal stands disposed of.