BAIL GRANTED DESPITE CRIMINAL ANTECEDENTS WHERE TRIAL IS PENDING.

The applicant, Sunny Dayal, filed a first application for anticipatory bail under Section 483 of BNSS, 2023.

He is in judicial custody since 12.11.2025 in connection with Crime No. 190/2025, registered at Police Station-Kalukheda, District Ratlam (M.P.), for an offence punishable under Section 303(2) of BNS 2023.

The allegation is that the applicant, along with associates, committed theft of approximately 35 feet of electricity copper wire from the windmill of Global Wind Power Company at village Naveli.

Accused Vikas, apprehended on 10.11.2025, implicated the applicant as his associate, leading to the applicant's arrest on 12.11.2025.

The investigation is almost complete.

The State noted 5 criminal antecedents against the applicant, who is a 22-year-old labourer.

The applicant, however, stated that these other matters are pending trial and he has never been convicted.

1. Whether the applicant, Sunny Dayal, should be granted bail in connection with an offence punishable under Section 303(2) of BNS 2023?

The court primarily applied Section 483 of BNSS, 2023, which pertains to the grant of bail.

The court also considered the nature of the alleged offence under Section 303(2) of BNS 2023.

General principles for bail, including the stage of investigation, likelihood of tampering with evidence, flight risk, past criminal record, and socio-economic status, were considered.

The court also referred to the gravity of the alleged offence in the context of opposing the bail application.

The court, while considering the application for bail, noted that the investigation was almost complete and further custodial interrogation was not needed.

It observed that the contentions advanced by the applicant had prima facie merit and could not be dismissed as baseless, with the veracity of the prosecution and complicity to be determined after evidence in trial.

The court considered the applicant's family responsibility, lack of previous conviction for a major offence, and socio-economic status, concluding there was no likelihood of fleeing from justice, recidivism, tampering with evidence, or influencing witnesses.

Despite the State's reference to 5 criminal antecedents, the court acknowledged the applicant's submission that these matters were pending trial and he had never been convicted.

Given that the offence is triable by JMFC, the court found no compelling reason to continue incarceration, even while noting the gravity of the offence.

Accordingly, the application was allowed, and applicant Sunny Dayal was directed to be released on bail upon furnishing a personal bond of Rs. 75,000/- with one surety of the same amount, subject to specific stringent conditions.

These conditions include remaining present at hearings, not committing similar offences, not tampering with evidence or intimidating witnesses, ensuring compliance with Section 309 of Cr.P.C./346 of Bharatiya Nagarik Suraksha Sanhita, 2023, and marking presence before the SHO, P.S.-Kalukheda, District Ratlam (M.P.) on the first Saturday of every month until the conclusion of the trial.