Regular bail granted for theft under BNSS given charge-sheet filing and absence of criminal antecedents.

The applicant was arrested on March 10, 2026, in connection with Crime No. 66/2026 for the alleged theft of wires from standing trucks, valued at approximately ₹6,000, occurring on the night of February 6, 2026

The prosecution’s case was initiated following a report by complainant Akash Kumar Ray

The applicant sought regular bail, contending he was falsely implicated based solely on a memorandum statement of a co-accused and highlighting that the charge-sheet had already been filed

The State opposed the bail, citing the applicant's involvement in the commission of the theft

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offense, the filing of the charge-sheet, and the period of detention

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

Substantive charges were considered under Section 303(2) (punishment for theft) and Section 3(5) (joint liability) of the Bharatiya Nyaya Sanhita (BNS)

The Court also referenced procedural safeguards and penalties for non-compliance with bail conditions under Section 269 (non-attendance in obedience to an order) and Section 209 (absconding to evade service) of the BNS, as well as Section 84 (proclamation for person absconding) and Section 351 (recording of statement of accused) of the BNSS

The Court evaluated the application by balancing the nature and gravity of the offense against the applicant's personal circumstances.

It noted that the alleged theft involved property of relatively low value (₹6,000)

Crucially, the Court observed that the applicant had been in detention since March 10, 2026, and had no prior criminal antecedents

Furthermore, as the investigation was complete and the charge-sheet had been filed, the Court reasoned that the applicant's continued incarceration was not warranted, provided that conditions were imposed to ensure his participation in the trial

The holding is contingent upon several conditions: the applicant must not seek unnecessary adjournments, must be present for all trial dates (specifically for opening of the case, framing of charges, and recording of statements), and faces immediate proceedings under Sections 209 and 269 of the BNS and Section 84 of the BNSS if bail liberties are abused or trial appearances are missed