Bail granted for house-breaking and theft despite criminal antecedents due to prolonged custody and filed charge-sheet.

The applicant filed his first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023

The prosecution alleged that between May 15 and June 5, 2025, the applicant committed house-breaking and theft at an office in Bhilai Nagar, stealing an air conditioner and two gas cylinders valued at approximately ₹50,000

The applicant was arrested on June 20, 2025, primarily based on the memorandum statement of a co-accused

The applicant contended he was falsely implicated, citing a lack of monetary evidence in his bank accounts and the fact that despite having ten prior criminal antecedents, only one case currently remains pending

1. Whether the applicant is entitled to regular bail considering the nature of the evidence, the duration of his pretrial detention, and his criminal history

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail

Sections 331(4) (Lurking house-trespass/house-breaking), 305 (Theft in dwelling house), 317(5) (Receipt of stolen property), 112 (Abetment), and 3(5) (Common intention) of the Bhartiya Nyaya Sanhita (BNS), 2023

Procedural requirements for the accused’s future appearance were grounded in Sections 84 (Proclamation for person absconding), 209 (Failure to appear in court), 269 (Non-attendance in obedience to an order from public servant), and 351 (Examination of accused) of the BNSS/BNS framework

The Court balanced the gravity of the offense against the applicant's period of incarceration and the progress of the trial.

It observed that the applicant had been in judicial custody since June 20, 2025, and acknowledged that the police had already submitted the charge-sheet, reducing the risk of tampering with evidence during the investigation

Regarding the applicant's criminal history, the Court noted that while he had ten previous antecedents, the explanation provided showed only one case is currently pending

Given that a trial is expected to take considerable time, the Court reasoned that continued detention without a conviction was not warranted, provided strict conditions were imposed to ensure his presence at trial

The holding was contingent upon several conditions: the applicant must not seek unnecessary adjournments, must attend every hearing personally or through counsel (subject to BNS Sec. 269), and must appear in person for framing charges and recording statements under Section 351 of BNSS. Failure to comply with bail conditions or appear during proclamations will result in the immediate initiation of proceedings under Section 209 of the BNS.