Regular bail granted considering charge-sheet filing, absence of antecedents, and the period of incarceration.

The applicant sought regular bail for three separate criminal cases registered at Police Station Kawardha.

In MCRC No. 1400/2026 (Crime No. 156/2025), the applicant was accused of stealing a dump truck on April 13, 2025; he was apprehended following a high-speed chase and a subsequent confession in a memorandum statement.

In MCRC No. 893/2026 (Crime No. 20/2025), the applicant was implicated in the theft of a sand-laden tipper truck reported on January 16, 2025, based on a memorandum statement recorded during investigation.

In MCRC No. 2207/2026 (Crime No. 165/2025), it was alleged that on April 23, 2025, the applicant and an accomplice forcibly took a motorcycle at knife-point; the vehicle was subsequently recovered from the applicant.

The applicant has been in custody since April 24, 2025, and the charge-sheets for these matters have been filed.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the allegations and the duration of his pretrial detention.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 CrPC), which governs the power of the High Court to grant regular bail.

The substantive charges were brought under the Bharatiya Nyaya Sanhita (BNS), specifically Section 303(2) (theft), Section 112 (punishment of abetment), Section 3(5) (common intention), Section 309(4) (robbery/extortion-related), and Section 311 (robbery with attempt to cause death or grievous hurt).

The Court also considered the judicial principle that the absence of prior criminal antecedents and the likelihood of a protracted trial are significant factors in favoring the liberty of the accused.

The Court evaluated the gravity of the allegations, which involved the theft of heavy vehicles and the armed looting of a motorcycle.

The Court balanced these factors against the applicant's profile and the progress of the legal proceedings and noted that the applicant had no criminal record prior to these three contemporaneous cases.

The investigation was largely complete as the charge-sheet had already been filed, and the applicant had remained in jail for nearly a year since April 24, 2025.

The Court reasoned that since the trial was likely to take a considerable amount of time to conclude, continued incarceration without conviction was not warranted.

The bail was made subject to several conditions, including a prohibition on seeking unnecessary adjournments, a requirement for personal appearance at key trial stages (framing of charges, recording of statements under Section 351 BNSS), and a warning that any violation of bail liberty or failure to appear under Section 84 BNSS proclamations would lead to immediate proceedings under Section 209 and 269 of the BNS.

The Court directed the trial court to ensure compliance with these conditions to prevent the abuse of the liberty granted.