Regular bail granted as motorcycle theft charges under BNS do not warrant continued judicial incarceration.

The applicant, Rajesh Sahu, was arrested on March 12, 2026, in connection with the theft of a motorcycle belonging to Umesh Dev Pandey, which was stolen from Apollo Hospital, Jabalpur

The Police Station Madhotal registered Crime No. 232/2026 following the recovery of the motorcycle's engine and chassis frame from the applicant

The applicant, a 30-year-old mechanic, has been in judicial custody since his arrest

After the completion of the investigation and submission of the final report, the applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering his period of incarceration and the nature of the evidence

2. Whether the existence of two pending criminal antecedents is sufficient to deny bail in the absence of previous convictions

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

The Court also considered Sections 303(2) (theft) and 238 of the Bharatiya Nyaya Sanhita (BNS), 2023

Furthermore, the court adhered to the principle that bail is the rule and jail is the exception, particularly when the offence is triable by a Judicial Magistrate First Class and the trial is likely to take time to conclude

It also referenced Section 346 of the BNSS regarding the timely examination of witnesses during trial

The Court evaluated the applicant's request by balancing the gravity of the alleged offence against his socio-economic status and the procedural status of the case. While the State opposed bail citing two criminal antecedents, the Court found that these cases are still pending trial and the applicant has no prior convictions for major offences

Since the investigation is complete and the final report has been filed, the Court reasoned that further incarceration was unnecessary, as there was no evidence suggesting a risk of the applicant fleeing from justice or tampering with witnesses

The Court specifically noted that the applicant is a mechanic with family responsibilities and that the veracity of the prosecution's claims regarding the recovered motorcycle parts is a matter for trial

The Court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond of Rs. 50,000 with one surety of the same amount subject to specific conditions: (1) regular appearance at hearings; (2) non-involvement in similar offences; (3) no inducement or threats to witnesses; (4) no tampering with evidence; and (5) compliance with Section 346 of the BNSS regarding witness examination