Regular bail is granted where the complainant turns hostile and no looted property is recovered.

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

He was arrested in connection with Crime No. 215/2025 at P.S. Darri (though P.S. Bankimongra was cited in the lower order) for a loot incident occurring on September 22, 2025.

The complainant alleged six individuals on motorcycles looted her mobile phone.

The applicant was arrested on September 30, 2025, based on suspicion.

The applicant contended that no Test Identification Parade (TIP) was conducted, no property was recovered from him, and the complainant had turned hostile.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering his detention period, the status of the investigation, and the evidence on record.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.

It also referenced procedural and penal provisions of the Bharatiya Nyaya Sanhita (BNS), including Sections 304(2), 111(2), 317(4), and 310(2), as well as Section 269 (non-appearance) and Section 209 (non-compliance with proclamation) for bail condition enforcement.

The court relied on the principle that bail is warranted when a charge sheet is filed, the accused has no criminal antecedents, and material witnesses (complainant) fail to support the prosecution’s case.

The Court observed that the applicant had been in custody since September 30, 2025, and that the investigation was complete with the filing of the charge sheet.

Key to the court's reasoning was the fact that the complainant had turned hostile, significantly weakening the prosecution's case.

Furthermore, the court noted that the applicant had no prior criminal antecedents.

Applying these facts to the principles of personal liberty and the likely duration of the trial, the court determined that continued detention was unnecessary, provided stringent conditions were imposed to ensure the applicant's presence during trial proceedings.

The Court allowed the bail application and directed the release of the applicant on personal bond with two sureties, imposing specific conditions, including a prohibition on seeking adjournments when witnesses are present and mandatory presence at major trial stages such as framing of charges and recording of statements under Section 351 of the BNSS.