Absence of direct evidence and specific recoveries justifies bail for female accused in alleged organized crime.

The applicant filed five applications for regular bail following her arrest in connection with five separate FIRs (Crime Nos. 149/2025, 156/2025, 155/2025, 157/2025, and 154/2025) registered at Police Station Dhamtari.

the prosecution alleged that between May and June 2025, the applicant, acting as part of an organized crime syndicate with co-accused persons (including her brother), committed a series of night house-breakings and thefts in various temples, decamping with cash and silver articles.

The applicant’s involvement was primarily identified through memorandum statements recorded in a connected case (Crime No. 165/2025) while she was already in custody for other matters.

The applicant contended she was falsely implicated due to her familial relationship with the main accused, noting that no incriminating articles were recovered directly from her and that she has been in custody since August 29, 2025.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, considering her gender, medical condition, and the nature of the evidence against her.

Section 483 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023

Sections 331(4) (house-breaking), 305(A) (theft), 3(5) (joint liability), and 111(2)(b) (organized crime) of the Bharatiya Nyaya Sanhita (BNS)

"bail is the rule and jail is an exception"

while the prosecution alleged the applicant was part of an organized crime syndicate, there were no specific or direct allegations against her in the FIRs.

the court found that no incriminating articles or stolen property were seized from the applicant’s possession; rather, all recoveries were made from the co-accused.

The court distinguished the applicant's role from that of the co-accused, noting her status as a woman suffering from various ailments and her prolonged detention since August 2025.

the court highlighted the slow progress of the trial, where only 4 out of 13 witnesses had been summoned, suggesting the trial would not conclude in the near future.

The holding was based on the lack of direct recovery, the applicant's gender/health, and the stage of the trial.

The bail is subject to strict conditions, including an undertaking not to seek unnecessary adjournments, mandatory presence at trial under Section 269 of the BNS, and compliance with procedures under Sections 84 and 209 of the BNSS/BNS in case of default or misuse of liberty.