01Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in Crime No. 77/2026, registered at Police Station Tumgaon for offences under Sections 305A, 331(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
¶ 1The judgment’s factual account is internally inconsistent: one summary refers to a robbery of ₹10,26,500 on 6 June 2026, while the ensuing account concerns a house theft reported on 9 March 2026, involving ornaments valued at approximately ₹3,55,000.
¶ 2–3In the latter account, the applicant was apprehended during the investigation, and a gold ring, pendant and chain were recovered from him; the charge-sheet was filed.
¶ 3The applicant relied on the filing of the charge-sheet, absence of criminal antecedents and custody since 12 July 2026. The State opposed bail, citing recovery of some stolen ornaments and the alleged sale of others.
¶ 4–502Issues
i.1. Whether the applicant should be granted regular bail under Section 483 of the BNSS, having regard to the allegations, recovery, period of custody, criminal antecedents and stage of the proceedings.
¶ 1, 4–7ii.2. Whether conditions should be imposed to secure the applicant’s attendance and prevent misuse of bail during trial.
¶ 803Law Applied
Section 483 of the BNSS empowers the High Court to grant regular bail.
¶ 1In exercising that power, the Court considered the nature of the allegations, the applicant’s criminal antecedents, completion of the investigation and filing of the charge-sheet, the period of judicial custody, and the likely time required to conclude the trial.
¶ 7The Court also imposed attendance and trial-participation conditions, including conditions addressing adjournments, absence, and non-compliance with a proclamation.
¶ 8Provisions in the judgment · 8 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Bharatiya Nyaya Sanhita, 2023 Section 305Section 331Section 317Section 269Section 209
04Reasoning
The Court acknowledged the State’s allegations concerning the theft and recovery of ornaments, but considered that the applicant had no criminal antecedents, the charge-sheet had been filed, and he had remained in judicial custody since 12 July 2026.
¶ 5–7Given also that the trial was likely to take considerable time, the Court found that regular bail was warranted.
¶ 5–7It addressed the risk of non-attendance or delay by imposing conditions requiring attendance, discouraging adjournments when witnesses were present, and requiring personal appearance at specified stages of trial.
¶ 805Holding
The Court allowed the bail application and directed the applicant’s release on a personal bond of ₹50,000 with one surety in the like amount, to the satisfaction of the court concerned.
¶ 8Bail was subject to the specified conditions concerning adjournments, attendance, appearance at key stages of trial, and consequences for failure to comply with a proclamation.
¶ 8Original Court PDF
BHOJDATT @ RAHUL SAHUvsSTATE OF CHHATTISGARH
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