Grant of bail for child kidnapping under BNS where investigation is complete and accused lacks criminal antecedents.

The applicant, Jyoti Devi, was arrested on 27.11.2025 in connection with Crime No. 138/2025.

A missing report was lodged on 17.11.2025 by Kajal Kushwaha, alleging that her daughter was kidnapped from Raipur Railway Station.

During the investigation, the child was recovered from the possession of the applicant.

The applicant contended she found the child crying and took her into her care out of concern, rather than for kidnapping.

After the completion of the investigation and filing of the charge-sheet, the applicant sought regular bail.

1. Whether the applicant is entitled to grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering her period of detention and the completion of the investigation.

The court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the powers of the High Court to grant bail.

The court also referenced substantive offences under Sections 137(2) (Kidnapping) and 142 (Abduction/Wrongful Confinement) of the Bharatiya Nyaya Sanhita (BNS).

The principles applied include the assessment of the nature and gravity of the offence, the presence of criminal antecedents, the status of the investigation (filing of charge-sheet), and the likelihood of the trial's duration.

The court balanced the State’s opposition—which emphasized the recovery of the minor from the applicant's possession and the seriousness of the offence—against the applicant’s defense and procedural status.

The court noted that the applicant had been in custody since 27.11.2025 and that the investigation was already complete with a charge-sheet filed.

Crucially, the court observed that the applicant had no previous criminal antecedents and that no further custodial interrogation was required.

Given that the trial was likely to take significant time, the court determined that continued detention was not warranted, provided strict conditions were imposed to ensure the applicant's presence during trial.

The court answered the issue in the affirmative, holding that the applicant's clean record and the stage of the proceedings justified release.

The applicant was ordered to be released upon furnishing a personal bond with two local sureties, subject to conditions including: mandatory presence at all trial dates, no seeking of adjournments, and compliance with Sections 209 and 269 of the BNS in case of default.