BAIL GRANTED: APPLICANT RELEASED DUE TO DELAY, FILED CHARGE SHEET, AND PROLONGED TRIAL.

The complainant, Prakash Yadav, reported that on the night of November 10, 2025, an unknown person stole Rs. 6000/-, two mobile phones, and a Mangalsutra worth Rs. 51,675/- from his house through an open window

An FIR was registered on November 30, 2025, for offenses under Sections 331(4) and 305(a) of the BNS against an unknown person, following an 18-day delay from the incident date

During the investigation, stolen mobile phones, cash (Rs. 2,500/-), and a gold mangalsutra were seized from the applicant, Shivraaj Yadav.

The applicant was arrested after confessing in his memorandum statement that he, along with a child in conflict with law named Kunal Dhruv, committed the theft

The applicant has been in judicial custody since November 30, 2025, and a charge sheet has been filed

The applicant has three criminal antecedents, with two cases pending and one acquittal

1. Whether the applicant, Shivraaj Yadav, should be granted regular bail in connection with Crime No. 1645/2025

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the power to grant bail

It also considered the offenses punishable under Sections 331(3), 305(A), and 3(5) of the BNS, under which the applicant was charged

The principles guiding bail applications, such as the period of detention and the likelihood of trial conclusion taking time, were applied

Conditions for bail were imposed, including not seeking adjournments (implicit), ensuring presence in court under Section 269 of Bharatiya Nyaya Sanhita

provisions for misuse of liberty of bail including proclamation under Section 84 of BNSS and proceedings under Section 209 of the Bharatiya Nyaya Sanhita

The court considered the applicant's argument that he was falsely implicated and that there was an 18-day delay in lodging the FIR, which was not explained

It was noted that a charge sheet had been filed and the applicant had been in custody since November 30, 2025

The court acknowledged the prosecution's submission regarding the applicant's three criminal antecedents, with two cases pending

Despite the antecedents, the court found that given the facts and circumstances of the case, the nature of allegations, the period of detention, and the likelihood of the trial taking a considerable amount of time to conclude, the applicant was entitled to be released on bail

The applicant, Shivraaj Yadav, involved in Crime No. 1645/2025 under Sections 331(3), 305(A) & 3(5) of the BNS, is to be released on regular bail upon furnishing a personal bond with two sureties of the like sum to the satisfaction of the concerned court

The bail is subject to several conditions, including filing an undertaking not to seek adjournments, remaining present in court on fixed dates, and complying with provisions of the Bharatiya Nyaya Sanhita and BNSS regarding presence and conduct during trial