An active similar-offence antecedent may warrant bail denial due to the risk of repetition.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that two persons assaulted the complainant in Changorbhata Market and stole his silver chain and mobile phone; police later arrested the applicant and a co-accused and recovered the stolen articles.

The applicant relied on the filing of the charge-sheet, his custody since 7 July 2026, and the likely time required for trial.

The State opposed bail, citing the recovery and an active criminal antecedent of a similar nature arising from an incident on the same date.

Whether the applicant should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the circumstances of the case and the asserted recovery of the stolen articles.

Whether the applicant’s active antecedent of a similar nature, arising from an incident on the same date, weighed against granting bail.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail, while the alleged offence was punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

In assessing bail, the Court considered whether antecedents indicated a pattern of similar offending and whether they raised concerns about compliance with bail conditions, repetition of offences, or interference with the proceedings.

The Court also relied on Deepak Yadav v. State of Uttar Pradesh & Another, (2022) 8 SCC 559, which it cited in connection with the relevance of an accused’s previous antecedents to a bail decision.

The Court noted that the applicant had not disclosed criminal antecedents, while the State identified an active antecedent involving a similar offence on the same date.

It considered that antecedent indicative of a persistent pattern and found that it raised a grave apprehension of repetition if the applicant were released.

In light of that concern and its reliance on Deepak Yadav, the Court was not inclined to grant bail.

The Court rejected the applicant’s first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.