Bail granted due to prolonged detention and completion of investigation despite serious allegations under the Arms Act.

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

3 18-12-2025 Heard Mr. Ajay Mukherejee, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

2. Petitioner seeks regular bail in connection with Katoriya P.S. Case No. 213/ 2025 dated 05.07.2025 registered for the offence(s) punishable under Section(s) 25(1-B)(a), 26 and 35 of the Arms Act .

3. The main submissions advanced by the petitioner’s counsel are that the instant matter relates to the recovery of two country-made pistols and five live cartridges allegedly kept in a bag near a bush, though, it has been alleged that this petitioner was involved in connection with an offence of loot, a separate case bearing Katoriya P.S. Case No. 211/ 2025 has already been registered in respect of the said occurrence and so far as the recovery of the alleged firearms is concerned, the same was made pursuant to the disclosure of five accused persons, including the petitioner and not at the instance of the petitioner alone and further, material witnesses of the prosecution who are to be examined during the trial of the petitioner are police personnel and the petitioner has been languishing in jail since 06.07.2025 and against him the investigation has been completed.

4. Learned APP appearing for the State has vehemently opposed the bail prayer of the petitioner and submits that there are serious allegations against him as he was firstly remained involved in the offence of loot and thereafter in the recovery of firearms.

5. Heard both the sides and perused the FIR and case diary of this case. Though, the instant matter relates to the recovery of firearms but considering the petitioner’s custody period as well as completion of the investigation against him and also the fact that the main witnesses of the prosecution who are to be examined during the trial of the petitioner are police personnel, so, the release of the petitioner at this stage will not affect the prosecution in any manner, this court is inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be released on bail in connection with Katoriya P.S. Case No. 213/ 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned with the condition that the petitioner shall be released on bail after framing of charge.

(Shailendra Singh, J)