Facts
The applicant was arrested in connection with Crime No. 144/2025 registered at Police Station Bhatgaon for allegedly committing theft at the SECL workshop, Bhatgaon Colliery
Source reference: para. 1, 2It is alleged that the applicant, along with co-accused persons, stole 5 PT boxes, 6 SDL machine bearings, 20 meters of copper cable, and 1 gear box
Source reference: para. 2The applicant has been in judicial custody since 07.09.2025
Source reference: para. 3Following the completion of the investigation, a charge-sheet was filed before the competent court
Source reference: para. 3The applicant moved the High Court seeking regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023
Source reference: para. 1Issues
1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the period of detention, the filing of the charge-sheet, and the principle of parity with a co-accused
Source reference: para. 3, 62. Whether the applicant's seven criminal antecedents act as an absolute bar to the grant of bail
Source reference: para. 4, 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant regular bail
Source reference: para. 1the principle of parity in bail matters, particularly when a co-accused in the same crime has been granted relief
Source reference: para. 3, 6Section 269 of the Bharatiya Nyaya Sanhita (BNS) concerning penalties for non-attendance
Source reference: para. 7(ii)Section 84 of the BNSS regarding proclamations for absconding persons
Source reference: para. 7(iii)Section 351 of the BNSS regarding the recording of the accused's statement
Source reference: para. 7(iv)Reasoning
The Court evaluated the necessity of continued detention against the progress of the legal proceedings.
Source reference: para. 3, 6It noted that the investigation was complete and the charge-sheet had already been filed, negating the requirement for further custodial interrogation
Source reference: para. 3, 6The Court observed that the applicant had undergone a substantial period of detention since 07.09.2025
Source reference: para. 3, 6Significantly, the Court applied the principle of parity, noting that co-accused Rajan Yadav had been granted bail by the same High Court on 04.02.2026 in MCRC No. 1200 of 2026
Source reference: para. 3, 6While acknowledging the State's objection regarding the applicant's seven criminal antecedents, the Court reasoned that since the alleged offences are not punishable by death or life imprisonment and the trial is likely to be protracted, continued incarceration would be unjust
Source reference: para. 3, 6Holding
The Court allowed the bail application and ordered the release of the applicant on regular bail
The holding established that the applicant be released upon furnishing a personal bond with two local sureties
Source reference: para. 7The grant of bail was made subject to strict conditions: the applicant must not seek adjournments during the evidence stage, must appear personally or through counsel on all fixed dates, and must specifically be present for the framing of charges and the recording of statements under Section 351 of the BNSS
Source reference: para. 7(i), 7(ii), 7(iv)The Court directed that any breach of these conditions or misuse of liberty would allow the trial court to proceed against the applicant in accordance with the law
Source reference: para. 7Original Court PDF
SONU RAJWADE @ MUNAIvsSTATE OF CHHATTISGARH
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