Facts
On January 21, 2026, eight batteries were allegedly stolen from the Government Primary School, Chanwaridand
Source reference: para 2An 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 2The 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, 3The 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 3Issues
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, 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant regular bail
Source reference: para 1Bhartiya 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 1the 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 6Reasoning
The Court examined the facts and circumstances, noting the nature and gravity of the offense alongside the applicant's profile.
Source reference: para 6It observed that the applicant had no prior criminal record and had been in custody since February 7, 2026
Source reference: para 6the 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, 6Given 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 6Holding
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 6The 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)Original Court PDF
KIRTAN KENWATvsSTATE OF CHHATTISGARH
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