Chhattisgarh High Court

Regular bail granted under Section 483 BNSS considering detention period and filing of charge sheet.

ASHIF KHAN vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: March 17, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant was arrested on December 24, 2025, in connection with Crime No. 375/2025 at Police Station Akaltara.

Source reference: para. 1, 3

The 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. 2

The 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. 3

It 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, 4

A charge sheet has since been filed.

Source reference: para. 4
02

Issues

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, 6
03

Law 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. 1

Section 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)
04

Reasoning

The Court balanced the gravity of the allegations of organized theft against the procedural status of the case.

Source reference: para. 6

It 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. 6

Although 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. 6

Without 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. 6-7
05

Holding

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. 7

Any default or deliberate absence would entitle the trial court to treat the bail as abused and proceed in accordance with law.

Source reference: para. 7
Chhattisgarh High Court

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ASHIF KHANvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · March 17, 2026

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