Chhattisgarh High Court

Absence of criminal antecedents and completion of investigation justify grant of regular bail during trial.

KIRTAN KENWAT vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 06, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

On January 21, 2026, eight batteries were allegedly stolen from the Government Primary School, Chanwaridand

Source reference: para 2

An FIR was registered on February 6, 2026, at Police Station Manendragarh against unknown persons under Sections 331(4) and 305(A) of the Bhartiya Nyaya Sanhita (BNS), 2023

Source reference: para 2

The applicant was arrested on February 7, 2026, and following the investigation, a charge-sheet was filed under Sections 331(4), 305(A), and 3(5) of the BNS

Source reference: para 2, 3

The applicant moved the High Court for regular bail, arguing that the recovery witnesses were interested parties, the property was not identified as belonging to the school, and he had no criminal antecedents

Source reference: para 3
02

Issues

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering his duration of incarceration and the status of the trial

Source reference: para 1, 6
03

Law Applied

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant regular bail

Source reference: para 1

Bhartiya Nyaya Sanhita (BNS), 2023, specifically Section 331(4) (punishment for house-trespass/house-breaking), Section 305(A) (theft in a building, tent, or vessel), and Section 3(5) (joint liability/common intention)

Source reference: para 1

the principle that bail may be granted when the investigation is complete (charge-sheet filed) and the trial is likely to be prolonged

Source reference: para 6
04

Reasoning

The Court examined the facts and circumstances, noting the nature and gravity of the offense alongside the applicant's profile.

Source reference: para 6

It observed that the applicant had no prior criminal record and had been in custody since February 7, 2026

Source reference: para 6

the Court highlighted that the investigation had concluded with the submission of the charge-sheet before the competent court, meaning the applicant's custodial interrogation was no longer required

Source reference: para 4, 6

Given that the trial was expected to take considerable time to conclude, the Court found that the applicant met the criteria for release on bail without prejudice to the merits of the case

Source reference: para 6
05

Holding

The Court allowed the bail application and ordered the release of Kirtan Kenwat on a personal bond with two sureties

The holding was predicated on the completion of the investigation and the applicant's clean record

Source reference: para 6

The release is subject to several conditions: (i) no adjournments when witnesses are present; (ii) mandatory presence on all trial dates or face proceedings under Section 269 of the BNS; (iii) strict penalties under Section 209 of the BNS for absconding; and (iv) personal appearance during framing of charges and recording of statements under Section 351 of the BNSS

Source reference: para 7(i), 7(ii), 7(iii), 7(iv)
Chhattisgarh High Court

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KIRTAN KENWATvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · April 06, 2026

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