Regular bail granted for motorcycle theft despite criminal antecedents as trial was triable by Magistrate.

The applicant, Rakesh Shrivas, was arrested on March 12, 2026, in connection with Crime No. 232/2026 at P.S. Madhotal, Jabalpur, for the alleged theft of a motorcycle from Apollo Hospital

Police recovered the engine and chassis frame of the stolen vehicle from the applicant

Following the completion of the investigation and filing of the final report, the applicant, a 48-year-old labourer with four pending criminal antecedents, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

His first bail application (M.Cr.C. No. 16048/2026) was withdrawn on April 18, 2026

1. Whether the applicant is entitled to regular bail considering his period of incarceration, the nature of the offence, and his criminal antecedents?

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 CrPC), governing the High Court's power to grant bail

Sections 303(2) (theft) and 238 (causing disappearance of evidence/giving false information) of the Bharatiya Nyaya Sanhita (BNS), 2023

The Court also considered the procedural requirements of Section 346 of the BNSS regarding the timely examination of witnesses

Established principles of bail jurisprudence, specifically focusing on the likelihood of recidivism, the socio-economic status of the accused, and the duration of trial

The Court observed that the investigation was complete and a final report had been submitted, meaning the veracity of the allegations would only be determined during the trial, which is expected to take time

While the State opposed bail citing four criminal antecedents, the Court noted that the applicant had no previous convictions and was the sole provider for his family

The Court reasoned that given the applicant’s socio-economic status as a labourer and the fact that the offence is triable by a Judicial Magistrate First Class, there was no immediate risk of him fleeing justice or tampering with evidence

Consequently, the Court found no compelling reason for continued incarceration but determined that "stringent conditions" were necessary to mitigate the risk posed by his criminal history

The holding is subject to strict conditions: the applicant must attend all hearing dates, refrain from similar offences, and report to the concerned Police Station on the first Saturday of every month until the conclusion of the trial

The Court further directed that any breach of these conditions would allow the trial court to consider cancellation of bail