Regular bail granted where investigative report proposed discharge of applicant for lack of evidence.

The applicant filed a first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

On February 19, 2026, a group allegedly entered the complainant’s house, committed arson, and damaged property.

The applicant was arrested on February 20, 2026, based on CCTV footage and witness statements.

However, the Investigating Officer (SHO, P.S. Sihora) subsequently concluded there was insufficient evidence against the applicant and other co-accused, proposing their discharge in the final report.

The applicant contended the FIR was a counterblast to a previous report filed by his party regarding an incident at a temple.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS given the Investigating Officer’s finding of insufficient evidence despite the gravity of the alleged offences.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the Cr.P.C.) regarding the discretionary power of the High Court to grant bail.

Principles of "judicial custody as an exception," the absence of criminal antecedents, and the likelihood of the accused fleeing or tampering with evidence.

Section 346 of the BNSS (corresponding to Section 309 of the Cr.P.C.) regarding the timely examination of witnesses.

The Court observed that while the offences (including Sections 333 and 326(g) of the BNS) were grave, the Investigating Officer’s final report specifically stated that the applicant’s involvement was not made out after verifying video clips and supplementary statements.

The Court reasoned that since the final report had been submitted and the applicant had a clean criminal record, there was no compelling reason for continued incarceration.

The court noted that the veracity of the prosecution’s claims would be determined at trial, and the applicant, being a businessman with family roots, did not pose a flight risk or a threat to witnesses.

The holding was based on the lack of evidence in the final report and the absence of recidivist tendencies.

The bail is subject to conditions including regular court attendance, refraining from committing further offences, and non-interference with witnesses.

The order remains effective until the conclusion of the trial.