Facts
On June 8, 2025, a complainant, Harsh Tiwari, filed a report regarding the theft of a motorcycle (No. CG-10-AB-7613) from CLC Plaza Mangla Chowk
Source reference: para. 2Following an investigation, the applicants, Ravi Nirmalkar and Sumit Tandre, were arrested on August 31, 2025, in connection with Crime No. 645/2025
Source reference: para. 2–3The applicants moved the High Court of Chhattisgarh for regular bail, arguing they were falsely implicated and had been in custody for several months while the charge-sheet had already been filed
Source reference: para. 3Issues
Whether the applicants are entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering their period of incarceration and the progress of the investigation
Source reference: para. 1, 6Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail
Source reference: para. 1The substantive charges were governed by Sections 303(2) (theft) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS)
Source reference: para. 1The Court’s discretion was guided by the principle of balancing the gravity of the offence and criminal antecedents against the right to liberty during a prolonged trial
Source reference: para. 6Reasoning
The Court examined the nature and gravity of the allegations involving the theft of a motor vehicle
Source reference: para. 6While the State opposed bail citing three pending criminal antecedents against the applicants, the Court noted that the applicants had already secured bail in two of those cases
Source reference: para. 4, 6The Court observed that the investigation was largely complete as the charge-sheet had been filed, and the applicants had been in jail since August 31, 2025
Source reference: para. 6Reasoning that the conclusion of the trial was likely to take significant time, the Court determined that continued detention was not warranted provided stringent conditions were imposed to ensure their presence during trial
Source reference: para. 6–7Holding
The Court allowed the first bail application and ordered the release of the applicants on furnishing a personal bond with two sureties each
The holding was conditioned upon the applicants’ undertaking not to seek unnecessary adjournments and their personal presence during key stages of the trial, such as the framing of charges and recording of statements under Section 351 of the BNSS
Source reference: para. 7Failure to comply would allow the trial court to treat the default as an abuse of liberty
Source reference: para. 7Original Court PDF
Ravi Nirmalkar and Another v. State of Chhattisgarh [MCRC No. 1632 of 2026 (2026:CGHC:11022)]
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