Facts
The applicant was arrested on December 24, 2025, in connection with Crime No. 375/2025 at Police Station Akaltara.
Source reference: para. 1, 3The prosecution alleged that the applicant, along with co-accused, engaged in organized theft of LT AB electrical cables and transformer materials from the Kotgarh Distribution Center, causing financial loss to the electricity company.
Source reference: para. 2The applicant contended he was a scrap collector falsely implicated, noting that the FIR was registered against unknown persons and no incriminating articles or CCTV evidence linked him to the crime.
Source reference: para. 3It was further noted that the applicant had two other criminal antecedents (Crime Nos. 655/2025 and 616/2025) involving similar allegations.
Source reference: para. 2, 4A charge sheet has since been filed.
Source reference: para. 4Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of his period of detention and the filing of the charge sheet.
Source reference: para. 1, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with the power to grant bail.
Source reference: para. 1Section 269 of the Bharatiya Nyaya Sanhita (BNS) regarding penalties for non-attendance before a court.
Source reference: para. 7(ii)Section 84 of the BNSS regarding proclamations for persons absconding and Section 209 of the BNS for failure to appear in obedience to a proclamation.
Source reference: para. 7(iii)Procedural compliance for recording statements under Section 351 of the BNSS.
Source reference: para. 7(iv)Reasoning
The Court balanced the gravity of the allegations of organized theft against the procedural status of the case.
Source reference: para. 6It took into consideration that the applicant had been in custody since December 24, 2025, and that the investigation had culminated in the filing of a charge sheet.
Source reference: para. 6Although the State opposed bail due to the applicant's criminal antecedents, the Court observed that the trial would likely take considerable time to conclude.
Source reference: para. 6Without expressing an opinion on the merits of the case, the Court reasoned that the applicant's continued detention was not warranted, provided that strict conditions were imposed to prevent the abuse of liberty and ensure his presence during trial proceedings.
Source reference: para. 6-7Holding
The High Court allowed the bail application, directing the applicant's release upon furnishing a personal bond with two sureties.
The Court held that the applicant must strictly adhere to conditions, including: (i) not seeking adjournments during witness testimony, (ii) appearing personally or through counsel on all dates, and (iii) being personally present for the framing of charges and recording of statements under Section 351 of the BNSS.
Source reference: para. 7Any default or deliberate absence would entitle the trial court to treat the bail as abused and proceed in accordance with law.
Source reference: para. 7Original Court PDF
ASHIF KHANvsSTATE OF CHHATTISGARH
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