Bail granted in Arms Act case despite prior criminal history, provided conditions met.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 15-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Amarpur P.S. Case No. 525 of 2025 dated 09.08.2025, instituted for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act .

3. The allegation is of recovery of one country made pistol, 0.315 bore five live cartridges and one mobile phone from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered either from the conscious possession or from the house of the petitioner only due to his past criminal antecedents he has been made accused in this case. Lastly, it has been submitted that the petitioner is in custody since 09.08.2025, having four criminal cases against him and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st Class, Banka in Amarpur P.S. Case No. 525 of 2025, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the conclusion of trial in this case.

(Khatim Reza, J)

Sankalp/- U T