Grant of bail for mischief by fire where accused husband has no criminal antecedents and charge-sheet is filed.

The applicant and the complainant are husband and wife residing in the complainant's house.

On January 10, 2026, while the complainant was away, the applicant allegedly set fire to an outdoor hut used as a kitchen and charred a motorcycle.

Following a report filed on February 16, 2026, Crime No. 28/2026 was registered at Police Station Arang for offenses under the Bharatiya Nyaya Sanhita (BNS).

The applicant was arrested on February 16, 2026, and subsequently filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

1. Whether the applicant is entitled to the grant of regular bail considering the nature of the offense, the filing of the charge-sheet, and his period of incarceration.

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court or Court of Session to grant bail.

The substantive offense charged was Section 326(g) of the Bharatiya Nyaya Sanhita, 2023 (BNS), relating to mischief by fire or explosive substance with intent to destroy property.

The court also referenced procedural consequences for violation of bail conditions under Sections 84 (proclamation for person absconding), 209 (failure to appear in court), 269 (non-attendance in obedience to an order from public servant), and 351 (evidence to be taken in presence of accused) of the BNSS and BNS.

The Court weighed the gravity of the allegations—specifically the intentional destruction of property by fire—against the personal circumstances of the parties and the status of the investigation.

It noted that the dispute arose between a husband and wife.

Crucially, the Court observed that the investigation had concluded with the filing of the charge-sheet, the applicant had no prior criminal record, and he had been in custody since February 16, 2026.

Given that the trial was expected to take a considerable amount of time and the applicant’s continued detention was no longer necessitated for investigation purposes, the Court determined that the applicant met the criteria for release on bail subject to strict procedural safeguards.

The holding was based on the completion of the charge-sheet and the lack of past criminal history.

The release is subject to several conditions, including that the applicant shall not seek unnecessary adjournments, must appear on all trial dates, and must be present for the framing of charges and recording of statements under Section 351 of BNSS.

Failure to comply may result in the trial court treating the default as an abuse of liberty.