Grant of bail for tractor-trolley theft considering completion of investigation and period of incarceration.

The applicants sought regular bail following their arrest for the alleged theft of a tractor-trolley (Registration No. CG.12-BQ-8464) parked in front of the complainant's house on the night of December 2, 2025

Applicant Om Pandey was arrested on December 6, 2025, based on a memorandum statement and informant data, with one prior criminal record

Applicant Shambhu was arrested on January 23, 2026, with no prior antecedents and no physical recovery of stolen property from his person

The State opposed bail, noting that a co-accused’s anticipatory bail had previously been rejected

Whether the applicants are entitled to grant of regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, considering the nature of the evidence and duration of incarceration

The Court applied Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail

The substantive charges were brought under Sections 303(2) (punishment for theft), 305(b) (theft in dwelling house, etc.), 112 (abetment), and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court balanced the gravity of the offense against the principles of personal liberty and the likelihood of a protracted trial

The Court observed that while the State opposed bail based on the rejection of a co-accused's anticipatory bail, the present applicants had already undergone significant periods of custody since December 2025 and January 2026

The Court noted that the charge-sheet had already been filed, meaning the investigation was complete

Regarding Om Pandey, the Court considered that while he had one antecedent, the evidence against him primarily rested on a memorandum statement from an open location, which lacked strong corroborative eyewitness testimony

For Shambhu, the Court emphasized the lack of criminal history and the absence of any incriminating recovery from his possession

Consequently, the Court determined that as the trial’s conclusion would take time, further detention was unnecessary

The bail is subject to strict conditions, including mandatory presence during trial stages (opening of case, framing of charges, and 351 BNSS statements) and a prohibition against seeking unnecessary adjournments

The Court held that the applicants' periods of incarceration and the filing of the charge-sheet justified the grant of bail despite the nature of the allegations