Chhattisgarh High Court

Filing of charge sheet and prolonged detention warrant regular bail under BNSS despite existing criminal antecedents.

FIROZ KHAN vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: March 17, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant filed a first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail in connection with Crime No. 655/2025

Source reference: para 1

The case originated from a report lodged by an engineer of CSPDCL alleging the theft of L.T. AB cables and transformer articles valued at approximately Rs. 4,44,736/-

Source reference: para 2

The applicant, identified as the driver of the vehicle allegedly used in the crime, was arrested on 22.12.2025 along with ten others

Source reference: para 2, 3

While the prosecution pointed to three criminal antecedents (two in Chhattisgarh and one in Rajasthan), the applicant maintained his innocence, asserting he acted solely as an employee without criminal intent

Source reference: para 3, 4

At the time of the hearing, the investigation was complete and the charge-sheet had been filed

Source reference: para 2
02

Issues

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the completion of the investigation and the duration of his pretrial detention

Source reference: para 1, 6
03

Law Applied

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the procedural framework for regular bail

Source reference: para 1

The substantive offences were registered under the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 303(2) (theft), 317(2) (receiving stolen property), 238 (causing disappearance of evidence), 317(4) (habitual dealing in stolen property), 61(2) (criminal conspiracy), and 3(5) (common intention)

Source reference: para 1
04

Reasoning

The Court balanced the gravity of the allegations against the procedural status of the case. It noted that the applicant had been in custody since 22.12.2025 and that the police had already filed the charge-sheet, indicating that the primary stage of investigation involving the applicant was concluded

Source reference: para 6

Despite the State's objection regarding the applicant's criminal history, the Court observed that the trial was unlikely to conclude in the near future

Source reference: para 6

Without commenting on the ultimate merits of the case, the Court reasoned that the completion of the investigation and the period of detention already served justified the grant of bail, provided strict conditions were imposed to ensure the applicant's participation in the trial

Source reference: para 6, 7
05

Holding

The Court allowed the bail application and directed the applicant’s release upon furnishing a personal bond with two local sureties

The holding was subject to several mandatory conditions: (i) an undertaking not to seek adjournments when witnesses are present [para 7(i)]; (ii) mandatory appearance on all trial dates [para 7(ii)]; and (iii) personal presence during framing of charges and recording of statements under Section 351 of the BNSS [para 7(iv)]. The Court explicitly noted that any abuse of liberty or failure to appear would empower the trial court to initiate proceedings under Section 209 or 269 of the BNS and revoke the bail

Source reference: para 7(ii-iv)
Chhattisgarh High Court

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FIROZ KHANvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · March 17, 2026

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