Regular bail granted under Section 483 BNSS considering charge sheet filing and duration of incarceration.

The applicant, Ashif Khan, filed his first bail application following his arrest on December 24, 2025, in connection with Crime No. 655/2025

The prosecution alleged that the applicant, along with co-accused individuals, stole 770 kg of LT AB electricity cables used for agricultural supply from the Kotgarh Distribution Center during November and December 2025, causing a loss of ₹4,44,736

The stolen materials were allegedly transported in vehicle No. MP-07-JB-3358

The applicant was charged under various sections of the Bharatiya Nyaya Sanhita (BNS), 2023.

The applicant's counsel argued that the FIR was against unknown persons, the applicant is a scrap collector with no recovery made from him, and the charge sheet has already been filed

The State opposed bail, citing the applicant's two criminal antecedents of a similar nature

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, given the completion of the investigation and the duration of his pretrial detention

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which stipulates the powers of the High Court regarding bail

substantively, the case involved Sections 303(2) (theft), 317(2) & 317(4) (dealing with stolen property), 61(2) (criminal conspiracy), 238 (causing disappearance of evidence), and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court also referenced the necessity of ensuring the accused's presence during trial under Sections 209, 269, and 351 of the BNS/BNSS framework

The Court balanced the gravity of the allegations against the procedural status of the case and the applicant's right to liberty.

It observed that the applicant had been in detention since December 24, 2025, and that the investigation was effectively concluded as the charge sheet had been filed before the competent court

While acknowledging the State's concern regarding the applicant's criminal antecedents, the Court noted that the trial was likely to be protracted

Without commenting on the merits of the evidence—such as the defense's claim of no recovery or CCTV footage—the Court determined that the filing of the charge sheet and the duration of custody already served rendered the applicant eligible for bail to prevent indefinite pre-trial incarceration

The holding was contingent upon several conditions: the applicant must not seek adjournments when witnesses are present, must appear on all trial dates (personally or through counsel), and must specifically appear for the framing of charges and recording of statements under Section 351 of the BNSS

The Court further ruled that any breach of these conditions or misuse of liberty would authorize the trial court to initiate proceedings for the cancellation of bail