Bail granted for theft as charge sheet filed and applicant lacked criminal antecedents.

The applicant was arrested on 03/09/2025 in connection with Crime No. 173/2025 at Police Station Devendra Nagar, Raipur, for allegedly committing theft in a shop between 23/08/2025 and 25/08/2025.

It is alleged that the applicant and a co-accused stole cash and articles worth ₹1,33,000/-; the police specifically recovered ₹20,000/- from the applicant.

The applicant moved for regular bail, contending false implication, lack of criminal antecedents, and the fact that the charge sheet had already been filed.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the allegations and the period of detention.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail.

The charges against the applicant were framed under Sections 331(4) (house-trespass or house-breaking in order to commit offence) and 305(a) (theft in dwelling house, etc.) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The court also relied on the principle that the absence of criminal antecedents and the filing of a charge sheet are significant factors in exercising judicial discretion for bail.

The Court evaluated the application by balancing the gravity of the offense against the personal liberty of the applicant.

while the prosecution recovered ₹20,000/- from the applicant, the investigation reached a stage where the charge sheet had already been filed, reducing the risk of tampering with evidence.

The Court took particular note of the applicant’s relatively young age (19 years), the fact that he had no prior criminal record, and his period of detention since 03/09/2025.

Finding that the trial was likely to take considerable time to conclude, the Court determined that further incarceration was not necessary, provided strict conditions were imposed to ensure the applicant's presence during trial proceedings.

The applicant was ordered to be released on bail upon furnishing a personal bond and two sureties, subject to four conditions: (i) an undertaking not to seek unnecessary adjournments; (ii) mandatory presence on trial dates per Section 269 BNS; (iii) compliance with proclamations under Section 84 BNSS; and (iv) personal appearance for framing of charges and recording of statements under Section 351 BNSS.