Absence of criminal antecedents and filing of charge-sheet justify grant of regular bail pending trial.

The applicant, Lakhan Lal Sahu, was arrested on March 6, 2025, in connection with Crime No. 91/2025 for alleged housebreaking and theft

The complainant, Asha Yadav, reported that on February 14, 2025, she discovered her house had been broken into and ornaments/cash worth approximately ₹25,000 were stolen

During the investigation, the applicant’s name surfaced as a suspect.

In a memorandum statement, the applicant allegedly confessed to the theft and stated he sold the stolen items to a co-accused, Sonu Nishad, for ₹60,000

While a gold chain was recovered from the co-accused, only ₹5,000 in cash was seized from the applicant

The applicant sought regular bail, arguing that his implication was based solely on memorandum statements without a Test Identification Parade (TIP) or substantial recovery

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the evidence and his period of incarceration.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail

Sections 331(2) (Lurking house-trespass or house-breaking), 305(A) (Theft in dwelling house, etc.), and 3(5) (Common intention) of the Bhartiya Nyay Sanhita (BNS)

Section 269 of the BNS regarding non-attendance in obedience to an order from a public servant and Section 209 of the BNS regarding fraudulent claims in Court

The Court observed that the investigation was largely complete as the charge-sheet had already been submitted before the competent court

In evaluating the merits of the bail application, the Court noted that the applicant had no prior criminal antecedents

The Court also took into account the duration of the applicant’s custody, noting he had been languishing in jail since March 6, 2025

Furthermore, the Court reasoned that since the trial was likely to take more time to conclude, continued incarceration was not warranted

The Court weighed the applicant's lack of criminal history and the procedural stage of the case (filing of the charge-sheet) against the prosecution's opposition to determine that the liberty of the applicant should be restored pending trial

The holding was based on the applicant’s clean record, the filing of the charge-sheet, and the expected delay in the conclusion of the trial

The bail was granted subject to strict conditions, including an undertaking not to seek unnecessary adjournments, personal appearance on fixed dates (specifically for framing of charges and recording of statements under Section 351 of BNSS), and a warning that misuse of liberty would lead to proceedings under Sections 84 and 209 of the BNSS/BNS