Bail granted on grounds of parity and completed investigation despite minor, disposed-of criminal antecedents.

The applicants, Bheru and Pawan, filed their first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

They were arrested on February 6 and 8, 2026, respectively, in connection with Crime No. 24/2026 registered at Police Station Piploda for offenses involving house-breaking and theft

The prosecution alleged that the applicants were involved in the theft of a motorcycle and eight gunny bags of soyabean, the latter of which were purportedly recovered at the instance of the applicants and co-accused

The investigation had been completed and the final report submitted prior to this application

1. Whether the applicants are entitled to bail under Section 483 of BNSS, 2023, considering the completion of the investigation and the nature of the alleged offenses

2. Whether the criminal antecedents of applicant Bheru under the M.P. Excise Act constitute a sufficient ground to deny bail

The court primarily applied Section 483 of the BNSS, 2023, which governs the High Court's power to grant bail

The substantive offenses were registered under Sections 331(4) (Lurking house-trespass or house-breaking), 305(a) (Theft in dwelling house, etc.), and 303(2) (Punishment for theft) read with 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court also considered the principle of parity, as co-accused Prahalad had already been granted bail

General principles regarding the prevention of recidivism and the socio-economic status of the accused

The court reasoned that because the investigation was complete and the final report submitted, there was a diminished risk of the applicants tampering with evidence

Regarding applicant Bheru’s criminal record, the court noted that his six prior involvements under the M.P. Excise Act resulted in fines or "Till Rising of the Court" (TRC) sentences, and no prosecutions were currently pending

The court observed that the offenses are triable by a Judicial Magistrate First Class (JMFC) and that the veracity of the allegations would only be determined during trial

Furthermore, the court found no evidence that the applicants posed a threat to national security or were involved in organized crime

Highlighting their socio-economic status as laborers/agriculturists and their familial responsibilities, the court concluded that there was no significant risk of flight or recidivism

The court held that there were no compelling reasons to continue their incarceration given the prima facie merit of their contentions

The applicants were ordered to be released upon furnishing a personal bond of Rs. 50,000/- each with one separate surety of the same amount, subject to five specific conditions, including regular attendance at hearings and a prohibition against committing similar offenses or influencing witnesses