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. 1–3An 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. 1–3After the charge-sheet was filed, he sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Source reference: para. 1–3He had three criminal antecedents: acquittals in two cases and one pending trial under Sections 25 and 27 of the Arms Act.
Source reference: para. 1–3Issues
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, 5–6Law Applied
Section 483 of the BNSS provides the basis for the High Court to grant regular bail.
Source reference: para. 1Section 303(2) of the BNS was the offence alleged; the Court did not interpret that provision in deciding the bail application.
Source reference: para. 1In 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. 6No precedent was cited.
Source reference: no citationReasoning
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, 4It 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. 6The Court made no further comment on the merits.
Source reference: no citationHolding
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. 7Acts & 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
Original Court PDF
Avinash Chauhan alias MithunvsState of Chhattisgarh
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