Filing of charge-sheet and period of incarceration justify grant of regular bail under BNSS.

The applicants were arrested on November 18, 2025, in connection with Crime No. 486/2025 registered at Police Station Mahasamund

The prosecution alleged that on November 17, 2025, the applicants committed theft at a Talkiz compound, stealing ₹80,000 from an almirah and a car bearing registration No. CG-06-GU-9990

The applicants moved for regular bail, arguing they were falsely implicated, that the recovery of the vehicle was doubtful, and that they had been in custody for several months

The State opposed the bail, noting that the charge-sheet had already been filed

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

Sections 331(4) (Lurking house-trespass or house-breaking), 305(a) (Theft in dwelling house, etc.), and 3(5) (Joint liability/Common intention) of the Bhartiya Nyaya Sanhita (BNS), 2023

Section 269 of the BNS regarding non-attendance in obedience to an order from a public servant and Section 209 of the BNS regarding failure to appear in court after being released on bail/bond

The Court scrutinized the facts and circumstances, noting that while both applicants had one prior criminal antecedent, these had been adequately disclosed and explained in the application

The Court observed that the investigation was effectively complete as the charge-sheet had been filed before the competent court

the applicants had been in jail since November 18, 2025, and the trial was expected to consume significant time

Balancing the applicants' right to liberty against the nature of the offenses, the Court concluded that continued pretrial detention was not warranted, provided that the integrity of the trial process was maintained through stringent bail conditions, including mandatory attendance at key stages of the proceedings under Section 351 of the BNSS

The holding was contingent upon several conditions: the applicants must not seek adjournments when witnesses are present, must attend all court dates personally or through counsel, and must appear in person for the opening of the case, framing of charges, and recording of statements under Section 351 of the BNSS

Violation of these conditions allows the trial court to treat the default as an abuse of the liberty of bail