Filing of charge-sheet and absence of criminal history warrant grant of regular bail under BNSS.

On August 24, 2025, the complainant, Smt. Nirmala Sahu, lodged a report alleging that on August 12, 2025, the applicant intercepted her 15-year-old son while he was en route to school.

The applicant allegedly transported the minor to his house on a motorcycle, threatened him with an axe, and robbed him of 400 grams of silver ornaments (Lachchha).

It was further alleged that the applicant took the minor to Podi to sell the stolen items.

The applicant was arrested on December 7, 2025, and following the completion of the investigation, a charge sheet was filed.

The applicant subsequently moved this First Bail Application before the High Court.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the period of custody and the absence of criminal antecedents.

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

The applicant was charged under Sections 308(2) (extortion), 309(2), 309(4) (robbery), and 137(2) (kidnapping) of the Bharatiya Nyaya Sanhita (BNS), 2023.

Procedural safeguards under Sections 84 (proclamation for person absconding), 209 (punishment for non-appearance), 269 (punishment for non-attendance), and 351 (examination of accused) of the BNSS/BNS.

The Court examined the nature and gravity of the allegations in conjunction with the applicant's profile and the trial's status.

It was observed that the investigation was complete and the charge sheet had already been filed by the police.

The Court placed significant weight on the fact that the applicant had no prior criminal record.

The applicant had been in continuous judicial custody since December 7, 2025.

Reasoning that the conclusion of the trial would likely take a substantial amount of time, the Court determined that the applicant met the threshold for the exercise of discretionary power to grant bail, provided stringent conditions were imposed to prevent the abuse of liberty.

The holding was predicated on the applicant furnishing a personal bond with two sureties to the satisfaction of the trial court.

The Court imposed several conditions: the applicant must not seek adjournments when witnesses are present [para. 7(i)], must appear on every date fixed by the trial court [para. 7(ii)], and must be personally present for the opening of the case, framing of charges, and recording of statements under Section 351 of BNSS [para. 7(iv)].

Failure to comply would allow the trial court to treat the default as an abuse of liberty.