BAIL GRANTED: Prolonged detention and filing of charge sheet justify bail.

The applicant, Shivraaj Yadav, filed a first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS').

He was arrested in connection with Crime No. 1646/2025 registered at Police Station Sarkanda, District Bilaspur (C.G.) for offenses under Sections 331(3), 305(A), and 3(5) of the BNS.

The case arose from a complaint filed by Lalaram Kewat regarding the theft of cash, a mobile, jewelry, and other items worth approximately Rs. 60,000/- from his house and a tenant's room.

Based on informer's information and memorandum statements, the applicant and another suspect, Kunal Dhruv, confessed to the theft.

The FIR for the alleged incident on 05.10.2025 was lodged on 01.12.2025, after a delay of 57 days.

The applicant claims he was taken into custody on 30.11.2025 but shown arrested on 01.12.2025.

A charge sheet has been filed, and the applicant has been in jail since 01.12.2025.

The State noted the applicant has three criminal antecedents, with two cases pending and one acquittal.

Whether the applicant, Shivraaj Yadav, should be granted regular bail given the circumstances of the case.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for granting regular bail.

The decision was based on considering the facts and circumstances of the case, the nature of the allegations, the period of the applicant's detention, the filing of the charge sheet, and the likely time for the trial to conclude.

Conditions for bail were also imposed as per general principles of criminal procedure, including undertakings regarding not seeking adjournments (para. 7(i)), remaining present in court (para. 7(ii) and (iv)), and consequences for misuse of bail liberty or absence (para. 7(iii)).

The court considered the applicant's argument that he was falsely implicated, the unexplained 57-day delay in lodging the FIR, and the discrepancy in his arrest date.

It also noted that a charge sheet had been filed and the applicant had been in custody since 01.12.2025.

Despite the State highlighting the applicant's criminal antecedents (two pending cases and one acquittal), the court weighed the period of detention and the likely time for the trial to conclude.

Connecting these facts, the court determined that the applicant was entitled to be released on bail, particularly since the trial's conclusion would take time.

The Applicant, Shivraaj Yadav, involved in Crime No. 1646/2025, was directed to be released on bail upon furnishing a personal bond with two sureties in the like sum to the satisfaction of the concerned court.

The bail was granted subject to specific conditions, including an undertaking not to seek adjournments, ensuring presence in court, and facing consequences for misuse of bail or absence.