Regular bail granted pending charge-sheet, considering custody, antecedents, and likely trial delay.

The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 340(2), 345(3), 347(1) and 336(3) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that Applicant No. 2 owned a Toyota Yaris and had left it with Applicant No. 1 as security for a loan. Applicant No. 1 later handed the vehicle to co-accused Vijay Sen, who allegedly used it with a false number plate bearing the complainant’s vehicle registration number.

The applicants were in judicial custody from 20 September 2026; the charge-sheet had not been filed. Applicant No. 1 had two pending criminal antecedents from 2019, while Applicant No. 2 had none.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of regular bail.

In exercising that power, the Court considered the facts and circumstances of the case, the nature and gravity of the offence, the applicants’ roles and criminal antecedents, the period of custody, the status of the charge-sheet, and the likely time for conclusion of the trial.

The Court weighed the allegations and the applicants’ roles against the circumstances favouring release: Applicant No. 1’s antecedents dated from 2019, Applicant No. 2 had no antecedents, the applicants had been in custody since 20 September 2026, the charge-sheet had not been filed, and trial was likely to take time.

On that assessment, and without commenting on the merits, the Court found it appropriate to grant bail.

Each applicant was directed to be released on executing a personal bond of ₹50,000 with one surety for the like amount to the satisfaction of the trial Court. They were also prohibited from influencing persons acquainted with the case or prejudicing a fair and expeditious trial, and were required to attend every hearing until disposal of the trial.

The Court clarified that its observations were confined to the bail application and that the trial Court must decide the case on its own merits.