Bail granted to history-sheeter under BNS where charge-sheet is filed and most past cases are disposed.

The applicant was arrested on 16.10.2025 in connection with Crime No. 1431/2025 at P.S. Sarkanda for the alleged theft of four copper pipes from a railway quarter.

The prosecution alleged that the applicant was intercepted on a motorcycle while attempting to sell the stolen items.

The applicant sought regular bail, arguing false implication and noting that while he had seven criminal antecedents, six had been disposed of.

The State opposed bail, citing the applicant’s status as a habitual offender.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering his criminal antecedents and the stage of the investigation.

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

It also considered Sections 331(4) (Lurking house-trespass or house-breaking) and 305(A) (Theft) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The court balanced the principle of liberty against the impact of criminal antecedents and the likelihood of trial delay.

The Court observed that the charge-sheet had already been filed, signifying the completion of the custodial investigation.

Although the State emphasized the applicant's seven prior criminal cases, the Court noted the applicant’s explanation that six of those cases were already disposed of, leaving only one pending.

The Court reasoned that since the applicant had been in judicial custody since 16.10.2025 and the trial was unlikely to conclude in the near future, continued incarceration was not warranted.

The Court determined that the risk of the applicant absconding or tampering with evidence could be mitigated by imposing stringent conditions, including personal bonds and mandatory court appearances.

The holding is conditioned upon the applicant not seeking unnecessary adjournments, appearing at every hearing, and complying with Sections 209, 269, and 351 of the BNSS/BNS regarding presence and the framing of charges. Failure to comply would allow the trial court to treat the default as an abuse of liberty.