Regular Bail Granted to Accused under BNSS for Theft Despite Previous Criminal Antecedents and Ongoing Trial.

The applicant sought regular bail following his arrest in connection with Crime No. 757/2025 involving housebreaking and theft of ornaments and cash (total value ₹50,000).

The prosecution alleged that during the investigation of a different crime (No. 14/2026), a co-accused, Shekhar Tandon, confessed to the present theft and implicated the applicant.

Based on this memorandum statement, silver ornaments and a golden locket were allegedly seized from the applicant.

The applicant contended he was falsely implicated via a fabricated seizure memo and argued that since he had been in custody since January 12, 2026, and the trial would be prolonged, he should be released.

The State opposed the bail citing four previous criminal antecedents.

1. Whether the applicant is entitled to grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering his period of detention and the status of the investigation.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court to grant bail.

The principle that while considering bail, the court must balance the nature and gravity of the offence against the period of detention and the likelihood of the trial's timely conclusion.

Sections 209, 269, and 351 of the BNS/BNSS regarding procedural compliance and abuse of liberty.

The Court evaluated the "overall facts and circumstances," specifically weighing the gravity of the alleged theft against the applicant's custody period starting January 12, 2026.

Despite the State’s objection regarding the applicant's four criminal antecedents, the Court noted that the charge-sheet had not yet been filed and the trial was expected to take "considerable time".

The Court reasoned that continued detention was not warranted under these specific procedural circumstances, provided that stringent conditions were imposed to ensure the applicant's presence and prevent the abuse of liberty.

The applicant was ordered to be released upon furnishing a personal bond with two local sureties, subject to conditions: (i) no seeking of adjournments when witnesses are present; (ii) mandatory appearance on all trial dates; (iii) liability under Section 209 BNS if bail is misused; and (iv) mandatory personal presence for framing of charges and recording of statements under Section 351 BNSS.