Regular bail granted under BNSS citing charge sheet filing and absence of criminal antecedents.

The applicant, Ajay Goswami, was arrested on 24.11.2025 in connection with Crime No. 423/2025 registered at Police Station Sakti

The prosecution alleged that on 22.11.2025, five unidentified individuals entered the complainant's house at approximately 11:30 PM, demanding ₹30,000 by threatening the complainant regarding illegal liquor sales

The applicant was subsequently arrested based on a memorandum statement

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, following the filing of the charge sheet

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, given the nature of the allegations and the procedural status of the case

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant regular bail

The applicant was charged under various sections of the Bharatiya Nyaya Sanhita (BNS), including Sections 308(2), 319(2), 318(4), 331(4), 204, 205, 112, 351(2), and 3(5)

The court also referenced procedural mandates under BNSS Sections 269 (attendance), 84 (proclamation), and 351 (recording of statement), and BNS Section 209 (non-appearance) as part of the conditions for bail

The Court examined the applicant's contention that he was falsely implicated based solely on a memorandum statement of a co-accused, with no incriminating material seized from his possession and no evidence of money being received

The State Counsel confirmed that while the investigation was complete and the charge sheet filed, the applicant had no prior criminal antecedents

The Court reasoned that since the applicant had been detained since 24.11.2025, the investigation was concluded, and the trial was expected to take considerable time, the applicant met the threshold for release

The Court balanced the nature of the allegations against the applicant's clean record and the duration of his pretrial detention to justify the grant of liberty

The holding was subject to strict conditions: the applicant must not seek adjournments when witnesses are present [para. 7(i)], must appear on all trial dates [para. 7(ii)], and must be present in person for the opening of the case, framing of charges, and recording of statements under Section 351 of BNSS [para. 7(iv)]. Failure to comply with these conditions or appearance proclamations would allow the trial court to initiate proceedings under Section 209 of the BNS