Facts
The applicant, Subhash Kumar, filed a First Bail Application seeking regular bail following his arrest on December 2, 2025
Source reference: p. 2The prosecution alleged that on November 30, 2025, an unknown person stole a motorcycle (MP-50-MM-9752) from the Malkhana room of the District and Sessions Court, Kabirdham, after the lock was found open
Source reference: p. 1-2CCTV footage identified a suspect, leading to the registration of Crime No. 521/2025
Source reference: p. 2The applicant contended he was falsely implicated, citing his lack of criminal antecedents (disputed by the State) and the fact that the charge-sheet had already been filed
Source reference: p. 2Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the offense and the period of detention
Source reference: p. 3, para. 6Law Applied
The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of regular bail
Source reference: p. 1The court also referenced the underlying principles of avoiding pre-trial punishment and ensuring the presence of the accused during trial as per Sections 84, 209, 269, and 351 of the BNSS
Source reference: p. 4The offenses charged were under Sections 331(3) and 305(a) of the Bharatiya Nyaya Sanhita (BNS), 2023
Source reference: p. 1Reasoning
The Court evaluated the gravity of the offense against the applicant's duration of custody, noting he had been incarcerated since December 2, 2025
Source reference: p. 3The Court observed that since the investigation was complete and the charge-sheet had been filed, there was no immediate risk of the applicant tampering with evidence or obstructing the due process of law
Source reference: p. 2-3Applying the principle that the conclusion of the trial would take substantial time, the Court determined that continued detention would be unwarranted
Source reference: p. 3To mitigate the risk of the applicant's absence or abuse of liberty, the Court imposed stringent conditions, including the filing of an undertaking against seeking adjournments and mandatory presence during key trial stages
Source reference: p. 3-4Holding
The High Court allowed the bail application and ordered the release of Subhash Kumar on a personal bond with two sureties
The Court held that given the detention period and the filing of the charge-sheet, the applicant was entitled to bail
Source reference: p. 3The release is subject to specific conditions: the applicant must not seek adjournments during witness testimony, must appear at every hearing (unless excused), and must be present for the framing of charges and recording of statements under Section 351 of the BNSS
Source reference: p. 4Failure to comply would allow the trial court to treat the default as an abuse of liberty
Source reference: p. 4Original Court PDF
SUBHASH KUMARvsSTATE OF CHHATTISGARH
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