Facts
The complainant reported that his motorcycle (Pulsar, No. CG29AE/4257) was stolen during the night of 16.09.2025
Source reference: para. 2Following an investigation by Police Station Jhilmili, the applicant, Bhupendra Singh, was taken into custody and allegedly confessed to the offence
Source reference: para. 2The applicant was arrested on 28.09.2025 and charged under the Bharatiya Nyay Sanhita (BNS)
Source reference: para. 2-3The applicant sought regular bail, noting that he had been in jail for nearly six months, the charge sheet had been filed, and while he had six criminal antecedents, he had been granted bail in three of those cases
Source reference: para. 3-4Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the allegations and the progress of the investigation
Source reference: para. 1, 6Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with the power to grant bail to an accused in custody
Source reference: para. 1The substantive offences were considered under Sections 303(2) (punishment for theft) and 111 (organized crime) of the Bharatiya Nyay Sanhita (BNS), 2023
Source reference: para. 1Additionally, the Court referenced procedural safeguards and penalties for non-compliance with bail conditions under Sections 269, 84, 209, and 351 of the BNSS and BNS
Source reference: para. 7Reasoning
The Court balanced the gravity of the allegations and the applicant's criminal history against the procedural status of the case.
Source reference: para. 6It noted that the investigation was largely complete as the charge sheet had already been filed
Source reference: para. 6The Court observed that the applicant had been detained since 28.09.2025 and that the trial's conclusion was likely to take significant time
Source reference: para. 6Regarding the applicant's six criminal antecedents, the Court took cognizance of the fact that he had already been granted bail in half of those matters
Source reference: para. 6Consequently, the Court determined that continued pretrial detention was unnecessary, provided that stringent conditions were imposed to ensure the applicant's presence at trial and to prevent the abuse of liberty
Source reference: para. 7Holding
The Court allowed the bail application and directed the release of the applicant upon furnishing a personal bond with two sureties
The holding clarified that the applicant is entitled to bail based on the duration of his detention and the filing of the charge sheet
Source reference: para. 6The relief was granted subject to specific conditions: the applicant must not seek unnecessary adjournments, must appear personally for the framing of charges and recording of statements, and faces immediate revocation of bail and further criminal proceedings under Section 209 of the BNS if he absconds or fails to comply with court proclamations
Source reference: para. 7Original Court PDF
BHUPENDRA SINGHvsSTATE OF CHHATTISGARH
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