Bail granted where implication rests solely on co-accused's memorandum statement without Corroborative incriminating material.

The applicant, a 70-year-old man, filed a first bail application following his arrest on December 22, 2025, in connection with Crime No. 762/2024

The prosecution alleged that the applicant connived with others to use trucks with forged registration plates to misappropriate and sell coal worth Rs. 6,00,000/-

The applicant’s name surfaced primarily through the memorandum statement of co-accused Baruram Sharma

The applicant contended he was not named in the FIR, no recovery of coal was made from him, and the trucks were not registered in his name

While the applicant has two criminal antecedents in Madhya Pradesh from 2025, the charge-sheet in the present case has already been filed

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering that his implication is based on a co-accused's statement and the trial is likely to be protracted

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail

The principle that while considering bail, the nature and gravity of the offence, the evidentiary value of a co-accused's memorandum statement, the presence of criminal antecedents, the completion of investigation (filing of charge-sheet), and the duration of incarceration must be balanced against the likelihood of a delayed trial

Sections 209 and 269 of the Bharatiya Nyaya Sanhita (BNS) and Section 84 of the BNSS regarding the consequences of violating bail conditions

The Court evaluated the gravity of the charges under Sections 336(3), 340, 316(2), 318, and 111 of the BNS against the specific evidence linking the applicant to the crime

It noted that the primary basis for the applicant's arrest was the memorandum statement of a co-accused, which lacks corroboration such as the recovery of incriminating material or ownership of the vehicles involved

While the State opposed bail due to the seriousness of the coal misappropriation, the Court observed that the investigation was complete as the charge-sheet had been filed

The Court reasoned that the applicant's advanced age (70 years), his period of custody since late 2025, and the fact that the trial would consume significant time justified his release, provided stringent conditions were imposed to ensure his presence and prevent the abuse of liberty

The Court allowed the bail application and ordered the release of Vinder Singh upon furnishing a personal bond with two local sureties