Chhattisgarh High Court
Criminal LawCriminal Procedure and Evidence

Charge-sheet completion, continued custody, and likely trial delay justify regular bail despite one pending antecedent.

Avinash Chauhan alias Mithun vs State of Chhattisgarh

Chhattisgarh High CourtJUDGMENT: October 07, 20262 MIN READSOURCE JUDGMENT
Charge-sheet completion, continued custody, and likely trial delay justify regular bail despite one pending antecedent.. Avinash Chauhan alias Mithun vs State of Chhattisgarh. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

During a programme at the complainant’s house, the applicant was allegedly caught attempting to take a parked Hero Splendor Plus motorcycle.

Source reference: para. 1–3

An FIR was registered for an offence under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), and the applicant was arrested on 06.07.2026.

Source reference: para. 1–3

After the charge-sheet was filed, he sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Source reference: para. 1–3

He had three criminal antecedents: acquittals in two cases and one pending trial under Sections 25 and 27 of the Arms Act.

Source reference: para. 1–3
02

Issues

Whether the applicant should be released on regular bail under Section 483 of the BNSS, having regard to the allegations, custody, antecedents, and stage of the proceedings.

Source reference: para. 1, 5–6
03

Law Applied

Section 483 of the BNSS provides the basis for the High Court to grant regular bail.

Source reference: para. 1

Section 303(2) of the BNS was the offence alleged; the Court did not interpret that provision in deciding the bail application.

Source reference: para. 1

In assessing bail, the Court considered the nature and gravity of the allegation, completion of investigation and filing of the charge-sheet, the period of custody, criminal antecedents, and the likely time for trial to conclude.

Source reference: para. 6

No precedent was cited.

Source reference: no citation
04

Reasoning

The Court acknowledged the allegation that the applicant was caught while attempting to take the motorcycle, as well as the State’s objection based on the pending Arms Act case.

Source reference: para. 2, 4

It nevertheless found bail appropriate because the charge-sheet had been filed, the applicant had remained in custody since 06.07.2026, two of his three antecedent cases had ended in acquittal, and trial was likely to take time.

Source reference: para. 6

The Court made no further comment on the merits.

Source reference: no citation
05

Holding

The Court allowed the bail application.

It directed the applicant’s release upon execution of a personal bond of Rs. 50,000 with one surety in the like sum, subject to conditions against influencing persons acquainted with the case, conduct prejudicial to a fair and expeditious trial, and appearance at every trial-court hearing until disposal of the case.

Source reference: para. 7
06

Acts & Sections Cited

4 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20231

Bharatiya Nyaya Sanhita, 20231

Arms Act, 19592

Chhattisgarh High Court

Original Court PDF

Avinash Chauhan alias MithunvsState of Chhattisgarh

Chhattisgarh High Court · October 07, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment