Bail may be granted despite criminal antecedents if material witnesses are examined and no prior convictions exist.

The applicant was arrested on September 18, 2025, in connection with Crime No. 167/2025 registered at Police Station Agar

The prosecution alleges that the applicant committed housebreaking and theft at the residence of Yash Sinhal, stealing gold and silver jewelry and cash from an almirah

The applicant was charged under Sections 331(4), 305(a), and 317(2) of the Bharatiya Nyaya Sanhita (BNS), 2023

Seeking regular bail, the applicant filed this first application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The State opposed the application, citing the gravity of the offense and the applicant’s seven criminal antecedents

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering his period of incarceration, the nature of the offense, and his criminal history

Section 483 of the BNSS, 2023, regarding the discretionary power of the High Court to grant bail

triability of the offenses under Sections 331(4), 305(a), and 317(2) of the BNS, 2023, noting they are triable by a Judicial Magistrate First Class (JMFC)

The principle that the absence of previous convictions, the socio-economic status of the accused, and the completion of material witness examinations weigh in favor of bail to prevent unnecessary incarceration

Section 346 of the BNSS (formerly Section 309 of the CrPC) regarding the timely examination of witnesses during trial

The court observed that the applicant had been in judicial custody for over six months and that material prosecution witnesses had already been examined, reducing the risk of evidence tampering

Although the State highlighted seven criminal antecedents, the court noted that the applicant had not been convicted in any of those pending matters

The court reasoned that since the trial is triable by a JMFC and would take time to conclude, continued incarceration was not compelled, especially as the applicant’s socio-economic status and family responsibilities suggested he was not a flight risk

The court determined that the veracity of the allegations is a matter for trial and that the applicant could be released provided stringent conditions were imposed to mitigate the risk posed by his criminal history

The holding directed the applicant’s release upon furnishing a personal bond of Rs. 75,000/- with one surety of the same amount

The court imposed several conditions, notably that the applicant must not commit further offenses, must comply with Section 346 of the BNSS, and must mark his presence at Police Station Agar on the first Saturday of every month until the trial concludes