Grant of bail for theft and organized crime considering investigation completion and length of custody.

The applicant, Bhupendra Singh, filed his first bail application following his arrest on September 28, 2025.

In connection with Crime No. 160/2025 registered at Police Station Jhilmili.

The prosecution alleges that during the night of September 16–17, 2025, the applicant and a co-accused stole a Pulsar motorcycle (Registration No. CG29AC/6775).

The applicant allegedly confessed to the crime during police interrogation.

Counsel for the applicant argued that the applicant was falsely implicated and emphasized that although the applicant has six criminal antecedents, he has been granted bail in three, with the rest pending.

The State opposed the bail, highlighting the applicant's criminal history.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in light of his period of detention, the filing of the charge sheet, and his criminal antecedents.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which provides the High Court with the authority to grant bail.

The applicant was charged under Sections 303(2) (punishment for theft) and 111 (organized crime) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The Court’s decision was guided by established judicial principles regarding the nature of allegations, the length of pre-trial detention, the filing of the charge sheet, and the likely duration of the trial.

Procedural conditions related to non-adjournment and personal appearance under Sections 269, 84, 209, and 351 of the BNS/BNSS.

The Court evaluated the merits of the bail plea by balancing the nature of the theft allegations against the applicant’s right to liberty during a potentially lengthy trial.

The Court noted that the applicant had been in custody since September 28, 2025, and that the investigation had progressed to the point where the charge sheet was already filed.

Regarding the applicant’s six criminal antecedents, the Court observed that he had already been granted bail by the trial court in three of those instances.

Finding that the trial would likely take considerable time to conclude, the Court determined that the applicant was entitled to bail, provided his presence at trial was secured through strict conditions, including the filing of an undertaking against seeking adjournments and mandatory appearance at critical stages of the trial.

The holding is subject to several conditions: the applicant must not seek adjournments when witnesses are present [para. 7(i)], must appear on all fixed dates or face proceedings under Section 269 BNS [para. 7(ii)], and must personally appear for the opening of the case, framing of charges, and recording of statements under Section 351 BNSS [para. 7(iv)]. Any violation of liberty or failure to appear under proclamation will trigger proceedings under Sections 84 and 209 of the BNS.