Bail granted after changed circumstances reduced criminal antecedents, charge-sheet filing, and prolonged custody.

The applicant was arrested in Crime No. 104/2025 registered at Police Station Sakri, District Bilaspur, for offences under Sections 305(a), 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The prosecution alleged that, while the complainant and his family were away attending the Maha Kumbh Mela, the applicant and co-accused broke open the lock of the complainant’s house and stole gold and silver ornaments and other articles valued at approximately ₹95,000.

This was the applicant’s third bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”). His second application had been rejected on 19 August 2026 because he had three criminal antecedents of a similar nature.

Subsequently, he was granted bail in two of those cases by the High Court, leaving only one case pending against him. The charge-sheet had also been filed, and he had remained in custody since 17 March 2025.

Whether, in view of the changed circumstances—grant of bail in two cases involving the applicant’s criminal antecedents, filing of the charge-sheet, and the applicant’s prolonged custody—the applicant was entitled to regular bail in the present case under Section 483 of the BNSS.

Whether the allegations of house-breaking and theft, together with the applicant’s remaining criminal antecedent, justified continued detention pending trial.

The Court applied Section 483 of the BNSS, which empowers the High Court to grant regular bail to a person accused of an offence and in custody.

The Court considered the nature of the allegations, the applicant’s criminal antecedents, the filing of the charge-sheet, the period of custody, and the existence of changed circumstances after rejection of the earlier bail application.

The offences alleged were under Sections 305(a), 331(4) and 3(5) of the BNS.

The governing bail principle applied was that a subsequent bail application may be considered where a material change in circumstances is shown, subject to appropriate conditions securing the applicant’s presence and preventing misuse of liberty.

The Court noted that the earlier rejection of bail was based substantially on the applicant’s three similar criminal antecedents.

Since the rejection, the applicant had obtained bail in two of those cases, materially reducing the weight of the antecedent-based objection.

The Court further considered that the charge-sheet had been filed and that the applicant had been in judicial custody since 17 March 2025.

Although the prosecution alleged participation in a planned house-breaking and theft and opposed bail on the basis of the remaining antecedent, the Court found that the changed circumstances and prolonged custody justified release on bail.

Conditions requiring the applicant’s attendance, personal appearance at key stages, and compliance with trial proceedings were imposed to protect the integrity of the trial.

The release was subject to conditions, including an undertaking not to seek unnecessary adjournments when witnesses were present, regular appearance before the trial court, personal appearance at the opening of the case, framing of charge and recording of his statement under Section 351 of the BNSS, and consequences for absence or misuse of bail.

A certified copy of the order was directed to be sent to the trial court.