Bail granted to jeweler implicated solely on co-accused's memorandum statement for purchasing allegedly stolen property.

The applicant, Kanhaiya Lal Soni, a jeweler by profession, was arrested on January 4, 2026, in connection with Crime No. 1527/2025.

The prosecution alleged that a co-accused, Ram Prasad Yadav, deceitfully obtained a gold chain worth ₹30,000 from the complainant under the pretext of formalizing a housing scheme entry.

The applicant was implicated based solely on a memorandum statement of the co-accused, alleging he purchased the stolen chain.

The applicant filed this first bail application under Section 483 of the BNSS, 2023, contending he is an innocent businessman with no criminal history.

Whether the applicant is entitled to the grant of regular bail considering the nature of the allegations, his professional background, and the duration of his custody.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 439 of the CrPC) regarding the High Court's power to grant bail.

The charges involved Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita (BNS) (corresponding to Sections 420 and 34 of the IPC) dealing with cheating and common intention.

The Court’s reasoning was further guided by the principle that bail is the rule and the likelihood of trial duration and the absence of criminal antecedents are material factors in deciding liberty.

The Court observed that the applicant’s implication rested primarily on the memorandum statement of the co-accused rather than direct participation in the primary act of cheating.

It noted that the applicant is a jeweler with no prior criminal record ("no criminal antecedents") and has been in custody since early January 2026.

Since the charge sheet had already been filed and the trial was expected to take considerable time to conclude, the Court found that continued detention was unnecessary.

The Court balanced the State's opposition with the fact that the applicant's role was limited to purchasing the property, for which the investigation (charge sheet stage) was complete.

The holding is conditioned upon the applicant’s regular appearance before the trial court, cooperation with proceedings, and a prohibition against seeking unnecessary adjournments.

Failure to comply with these conditions allows the trial court to treat such default as an abuse of liberty and proceed under Sections 209 or 269 of the BNS.

The applicant is to be released on bail subject to furnishing a personal bond in the sum of Rs.10,000/- with two local sureties in the like sum to the satisfaction of the trial Court concerned.