Absence of recovery and prolonged custody warrant grant of bail after completion of investigation.

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, 7–8 individuals intercepted him near Sumudha Bridge, assaulted him, and looted his mobile phone, motorcycle, and cash.

The applicant was charged under the Bhartiya Nyay Sanhita (BNS) and has remained in custody since his arrest.

While the charge-sheet had been filed, the prosecution admitted that no recovery of the stolen property was made from the applicant’s possession.

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

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

Substantive offences were considered under Sections 111(2), 317(4), and 310(2) of the Bhartiya Nyay Sanhita, 2023 (BNS).

Procedural safeguards and penalties for bail default under Sections 209, 269, and 351 of the BNS/BNSS to structure the conditions of release.

The court weighed the severity of the allegations (robbery and assault) against the evidentiary record, specifically noting the State's concession that no recovery was made from the applicant.

The court further observed that the investigation was complete as the charge-sheet had been filed, and the applicant had been in custody for approximately six months.

Regarding the applicant’s profile, the court noted only one criminal antecedent, which is currently pending trial.

The court determined that since the trial would likely be protracted, continued pretrial detention was not warranted.

The court granted the bail application, directing the release of the applicant upon furnishing a personal bond with two sureties, subject to several conditions, including a mandate that the applicant shall not seek adjournments during witness evidence, must appear on all trial dates, and faces immediate proceedings under Sections 209 or 269 of the BNS in the event of a default or abuse of liberty.