Charge sheet filing and prolonged detention justify bail under BNSS despite multiple criminal antecedents.

The complainant reported the theft of a Pulsar motorcycle (Registration No. CG29AC/3839) occurring between the midnight of 16.09.2025 and 17.09.2025

Following the report, the applicant was taken into custody and allegedly confessed to the crime during interrogation

The applicant was arrested on 28.09.2025 and has remained in detention since that date

It was noted that the applicant has six criminal antecedents, three of which resulted in bail by the trial court, while three (including the present case) remained pending

The police have completed the investigation and filed the charge sheet

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

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail

The substantive charges against the applicant were registered under Sections 303(2) (punishment for theft) and 111 (organized crime) of the Bharatiya Nyaya Sanhita (BNS), 2023

The Court further referenced the procedural consequences for non-appearance and abuse of bail liberty under Sections 209 and 269 of the BNS

The Court balanced the gravity of the allegations and the applicant's criminal antecedents against the procedural status of the case and the duration of his custody

While the prosecution opposed bail citing the applicant's six prior cases, the Court observed that the charge sheet had already been filed, meaning the custodial interrogation was complete

The Court reasoned that because the applicant had been in jail since 28.09.2025 and the trial was expected to take considerable time to conclude, further pre-trial detention was not warranted

To mitigate the risk posed by the applicant's criminal history, the Court decided to impose stringent conditions, including an undertaking against seeking adjournments and mandatory personal appearance during critical trial stages

The holding clarified that the applicant must: (i) not seek adjournments when witnesses are present; (ii) appear personally or through counsel on every date; and (iii) appear in person for the framing of charges and recording of statements under Section 351 of the BNSS

The Court warned that any default or misuse of liberty would allow the trial court to initiate proceedings under Sections 209 or 269 of the BNS