Bail granted for theft as charge-sheet filed and prior acquittal clears criminal antecedents.

The applicant, Rahul Suryavanshi, filed two first bail applications following his arrest on 26.01.2026

In MCRC No. 2838/2026, he was accused of breaking into a residence on 19.01.2026 and stealing ₹15,000 cash and a DVR

In MCRC No. 2841/2026, he was accused of stealing gold and silver ornaments and cash worth ₹3,75,000 from a jewelry shop on the night of 25-26.01.2026

The applicant argued he was falsely implicated and noted he had been acquitted in his only other prior criminal case

The State opposed bail, citing the gravity of the theft and the applicant's criminal history

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

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the High Court's power to grant bail

The charges were registered under Sections 331(4) (house-trespass/lurking house-trespass), 305 (theft in a dwelling house, etc.), and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS)

The court also referenced procedural consequences for bail default under Sections 269 (non-appearance), 209 (failure to appear), and 351 (statement of accused) of the BNS/BNSS framework

The Court grounded its decision on several balancing factors: the nature and gravity of the allegations were weighed against the applicant's prior acquittal in his only other criminal antecedent

The Court noted that the charge-sheet had already been filed, meaning the investigation was complete

Furthermore, the Court observed that the applicant had been in custody since 26.01.2026 and that the trial was unlikely to conclude in the near future

Given these circumstances, the Court found that continued detention was not warranted, provided strict conditions were imposed to ensure the applicant's participation in the trial

The holding directed his release upon furnishing a personal bond with two sureties, subject to conditions: (i) no seeking of adjournments during witness evidence; (ii) mandatory presence on all trial dates; (iii) compliance with proclamations to avoid proceedings under Section 209 BNS; and (iv) personal presence during key trial stages like framing of charges and recording of statements under Section 351 BNSS