Bail granted after charge-sheet filing where custody continued and trial was likely to be prolonged.

On 17 March 2026, a CISF QRT team allegedly noticed a suspicious Bolero vehicle in the Gevra Mines area. When police/CISF personnel attempted to stop the vehicle, its occupants allegedly drove towards them at high speed, thereafter fleeing towards Junadih Railway Siding. One occupant, Jitendra Kumar Vishwakarma, was apprehended, and approximately 80 litres of diesel in four jerry cans, along with a pipe allegedly used for extracting diesel, was recovered from the vehicle. Jitendra allegedly disclosed that diesel had been stolen from a dumper parked at SECL Gevra Mines

During investigation, the involvement of Shabbir Memon and other co-accused persons was allegedly revealed. The applicant was arrested on 2 June 2026, and the charge-sheet was subsequently filed

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 114/2026 registered at Police Station Dipka, District Korba, for offences under Sections 329(2), 303(2), 338, 336(3), 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023

The applicant also disclosed four previous criminal cases, one resulting in acquittal and three remaining pending

Whether the applicant should be granted regular bail under Section 483 of the BNSS in view of the allegations, the material collected during investigation, and his criminal antecedents

Whether the filing of the charge-sheet, the applicant’s period of custody, the likely duration of the trial, and the explanation of his antecedents justified release on bail

What conditions should govern the applicant’s release on bail

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant regular bail to a person accused of an offence and in custody

In exercising bail jurisdiction, the Court considered the nature and seriousness of the allegations, the prima facie material collected, the applicant’s criminal antecedents, the filing of the charge-sheet, the period of incarceration, and the likelihood of delay in conclusion of the trial

The Court also applied the principle that bail may be granted without expressing any opinion on the merits where continued detention is not warranted, subject to conditions securing the accused’s presence and preventing misuse of liberty

Although the allegations indicated that the applicant had allegedly entered the restricted SECL mining area with co-accused persons and participated in the theft of diesel, and although he had criminal antecedents, the Court found that the charge-sheet had already been filed, thereby reducing the need for custodial detention for investigation

The applicant had remained in custody since 2 June 2026, and the trial was likely to take considerable time. The Court also noted that the applicant’s antecedents had been explained and that the alleged offences were not punishable with imprisonment for life or death

Balancing these circumstances against the seriousness of the allegations, the Court concluded that the applicant was entitled to bail without commenting on the merits of the prosecution case

The applicant, Shabbir Memon, was directed to be released on bail in Crime No. 114/2026 upon furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial Court

The release was subject to conditions requiring him not to seek unnecessary adjournments when witnesses were present, to remain present before the trial Court on scheduled dates, and to appear personally on the dates fixed for opening of the case, framing of charge, and recording of his statement under Section 351 of the BNSS. The order further provided for appropriate proceedings in the event of absence, misuse of bail, or failure to appear pursuant to a proclamation under Section 84 of the BNSS