Absence of recovery and filing of charge-sheet warrant grant of regular bail in robbery cases.

The applicant, Pramod Kumar Kenwat, was arrested on September 30, 2025, following a report lodged at Police Station Darri (Crime No. 224/2025).

The complainant alleged that on September 22, 2025, a group of 7–8 persons intercepted him near Sumudha Bridge, assaulted him, and looted his mobile phone, motorcycle, and cash amounting to ₹3,000–4,000.

The applicant was subsequently identified and arrested during the investigation.

Following the completion of the investigation, a charge-sheet was filed.

The applicant sought regular bail before the High Court under the provisions of the newly enacted Bhartiya Nagarik Suraksha Sanhita.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of the facts and circumstances of the case.

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

Sections 111(2) (Organized crime), 317(4) (Receiving stolen property), and 310(2) (Robbery) of the Bhartiya Nyay Sanhita (BNS), 2023.

Established principles of criminal jurisprudence which mandate considering the duration of incarceration, the stage of the trial (filing of charge-sheet), and the likelihood of the trial's timely conclusion.

The court evaluated the merits of the bail plea by weighing the prosecution's allegations against the evidence recovered.

It noted the State's concession that no recovery of stolen articles was made from the applicant’s personal possession.

The court observed that the charge-sheet had already been filed and the applicant had been in continuous custody since September 30, 2025.

While the applicant had one criminal antecedent under the BNS, the court emphasized that the trial was pending and likely to take considerable time to conclude.

By connecting the lack of physical recovery to the significant duration of pre-trial detention, the court determined that the applicant met the threshold for the grant of liberty, provided stringent conditions were imposed to ensure trial participation.

The holding clarified that the applicant is entitled to bail because the charge-sheet is filed, no recovery was made from him, and he has been in jail for approximately six months.

The relief was granted subject to specific conditions: the applicant must not seek unnecessary adjournments, must remain present on all trial dates (specifically for framing of charges and recording of statements under Section 351 of BNSS), and must comply with Section 209 of the BNS regarding misuse of liberty.