Bail granted where material witnesses have been examined and prolonged pre-trial detention violates personal liberty.

The applicant filed a third bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

The prosecution alleged that on June 11, 2023, the applicant committed house-breaking and theft at the residence of Sunita Tomar, stealing gold and silver ornaments, electronics, and ₹35,000.

The applicant was arrested on August 5, 2025, for offences under Sections 457 and 380 of the IPC.

A previous bail application was dismissed on merits with liberty to renew the prayer after the complainant’s testimony was recorded.

The applicant moved this application on the grounds that the investigation is complete, the charge-sheet is filed, and material witnesses, including the complainant, have already been examined.

Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the completion of witness examination and the duration of his pretrial detention.

The court applied Section 483 of the BNSS regarding the grant of bail.

The court emphasized the legal principle that prolonged pretrial detention is an "anathema to the concept of liberty".

It also considered Sections 457 (house-breaking by night) and 380 (theft in dwelling house) of the IPC.

While the State raised the applicant’s criminal history (25 cases) and successful Test Identification Parade (TIP), the court balanced these against the progress of the trial.

The court evaluated the necessity of continued incarceration against the applicant's right to liberty.

It noted that since the complainant and material prosecution witnesses have already testified, the risk of the applicant tampering with evidence or influencing witnesses has significantly diminished.

Despite the State’s objection regarding the applicant’s extensive criminal record of 25 cases, the court reasoned that the trial is unlikely to conclude in the near future.

To mitigate risks, the court opted to impose stringent conditions, including an automatic cancellation of bail if the applicant engages in further criminal activity during the trial period.

The court granted bail to the applicant upon furnishing a personal bond of ₹50,000 with one solvent surety.

The holding is subject to conditions including cooperation with the trial, no travel abroad without permission, and a specific "strike-out" clause where the bail stands automatically cancelled if any new criminal case is registered against the applicant during the pendency of this trial.