Regular bail granted where implication is based solely on co-accused memorandum without supporting recovery.

On September 9, 2025, a complaint was lodged alleging the theft of 120 TMT bars worth ₹1,80,000 from a Railway construction site.

The applicants, Vishnu Das and Chandra Bhushan @ Bittu, were implicated based on memorandum statements of co-accused persons.

Following an investigation, a charge-sheet was filed under Sections 303(2) (theft) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The applicants were arrested on January 17, 2026, and moved the High Court for regular bail, contending they were falsely implicated and that no stolen material was recovered from them.

1. Whether the applicants are entitled to grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the lack of physical recovery and the nature of the evidence.

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

Sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

Procedural safeguards under Sections 209, 269, 84, and 351 of the BNSS to ensure the applicants' presence during trial and prevent the abuse of liberty.

The Court evaluated the prosecution's case and noted that while the applicants were accused of theft, no incriminating material or stolen TMT bars were seized from them; instead, recovery was only made from co-accused Akash Gupta.

The Court observed that the applicants’ involvement was primarily based on the memorandum statements of other co-accused.

Regarding criminal history, the Court noted that Applicant No. 2 had no antecedents, and while Applicant No. 1 had two prior cases from 2016 and 2017, these were deemed "old and stale".

Given that the charge-sheet had already been filed and the applicants had been in custody since January 2026 with a long trial ahead, the Court determined that continued incarceration was unnecessary.

The applicants were ordered to be released on a personal bond with two sureties each, subject to strict conditions including: non-seeking of adjournments during evidence, mandatory presence at trial headings (opening of case, framing of charges, and Section 351 BNSS statements), and appearing in compliance with any potential proclamations.

Failure to comply with these conditions authorizes the trial court to treat such default as an abuse of liberty and proceed in accordance with law.