Bail granted to accused for shop house-breaking where chargesheet is filed and prior antecedent is disposed of.

The applicant filed a first bail application seeking regular bail following his arrest in connection with Crime No. 1133/2025.

On November 17, 2025, a complainant reported a burglary at his jewelry shop, "Raja Sona Chandi," where thieves allegedly stole silver articles, gold, and cash totaling ₹3,50,000.

During the investigation, the applicant was identified through a memorandum statement, and approximately 370–380 grams of silver were seized from his possession.

The applicant has been in custody since November 29, 2025.

Counsel for the applicant argued that he was falsely implicated and noted that his sole previous criminal antecedent had been disposed of.

The State opposed bail, citing the nature of the midnight burglary.

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offense and the status of the investigation.

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

Substantive charges were registered under Sections 331(4) (Lurking house-trespass or house-breaking by night) and 305 (Theft in dwelling house, etc.) of the Bhartiya Nyaya Sanhita (BNS), 2023.

The Court also referenced procedural conditions for liberty under Sections 209, 269, 84, and 351 of the BNSS to ensure the applicant's presence during trial.

The Court balanced the gravity of the allegations—burglary of a jewelry shop—against the procedural status of the case.

It observed that the investigation was largely complete as the charge-sheet had already been filed.

The Court noted the applicant's period of incarceration since November 2025 and the fact that his only previous criminal record was already resolved.

Given that the trial's conclusion would likely take significant time, the Court determined that continued pretrial detention was unnecessary, provided stringent conditions were imposed to prevent the abuse of liberty and ensure the applicant's cooperation with the judicial process.

The holding clarified that the applicant is entitled to bail because the charge-sheet is filed and the trial is pending.

The Court imposed specific conditions: the applicant must not seek unnecessary adjournments, must appear personally for key trial stages (framing of charges, recording of statements), and faces immediate revocation/proceedings under Sections 209 or 269 of the BNS if he defaults or misuses his liberty.