Grant of bail where accused is implicated solely via co-accused's memorandum statement without prior criminal record.

On November 17, 2025, approximately 6-7 individuals allegedly entered the residence of complainant Dilip Rathore, impersonating Income Tax officers to conduct an unauthorized search without a warrant.

No property was stolen during the incident.

An FIR was lodged on December 12, 2025, against unknown persons.

The applicant was arrested on December 16, 2025, based on a memorandum statement of a co-accused.

The applicant filed this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Whether the applicant is entitled to the grant of regular bail considering the nature of the allegations and the evidentiary basis of his implication.

The Court considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court’s power to grant bail.

The charges were registered under Sections 204 (impersonating a public servant), 319(2) (cheating by personation), 331(3) (house-trespass for offense punishable with imprisonment), 61(2) (criminal conspiracy), and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The court applied general principles of bail jurisprudence, focusing on the absence of criminal antecedents, the period of incarceration, and the filing of the charge-sheet.

The Court analyzed the applicant's involvement and noted that he was not named in the initial FIR and was implicated solely through a co-accused’s memorandum statement.

The Court observed that the investigation was substantially complete as the charge-sheet had already been filed.

Furthermore, the Court highlighted that the applicant had no prior criminal record and had been in custody since December 16, 2025.

Given that the trial was likely to be protracted, the Court reasoned that continued detention was unnecessary.

The holding was contingent upon several conditions: the applicant must not seek unnecessary adjournments.

The applicant must appear for all court dates or face proceedings under Section 269 of the BNS.

The applicant must be present for framing of charges and recording of statements under Section 351 of the BNSS.

Failure to comply with bail conditions or absconding would trigger proceedings under Sections 84 and 209 of the BNSS/BNS.