Co-accused parity, completed investigation, and prolonged custody justified bail despite similar criminal antecedents.

The applicant was arrested in connection with a house burglary in which gold, silver and other articles worth approximately ₹95,000 were allegedly stolen while the complainant was away

He was charged under Sections 305(a), 331(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS)

This was his third bail application; his second had been rejected because he had three criminal antecedents of a similar nature.

He relied on the subsequent grant of bail to a co-accused, the filing of the charge-sheet and his custody since 17 March 2025.

1. Whether the applicant should be released on regular bail in his third application, having regard to the co-accused’s release, completion of the investigation and the period of custody, despite his criminal antecedents

2. If bail is granted, what conditions should govern the applicant’s release

The application was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which provides for the High Court’s power to grant bail.

The Court considered the circumstances of the case, including parity with a bailed co-accused, filing of the charge-sheet and the applicant’s period of judicial custody, alongside the prosecution’s reliance on his antecedents.

No precedent or further general bail doctrine was cited.

The release conditions referred to Section 84 of the BNSS and Sections 269 and 209 of the BNS.

Although the applicant’s three similar criminal antecedents had been the basis for rejecting his previous application, the Court found that circumstances now supported release: a co-accused had been granted bail, the charge-sheet had been filed, and the applicant had been in judicial custody since 17 March 2025.

On those grounds, the Court allowed the application, while imposing conditions requiring attendance, discouraging adjournments when witnesses were present, and providing for action in the event of specified defaults.

It directed that the applicant be released on executing a personal bond of ₹50,000 with one surety in the like amount to the satisfaction of the trial court, subject to the conditions set out in the order.