Regular bail may be granted when the charge-sheet has been filed and the accused has been in custody for a significant period, even if there are prior criminal antecedents, depending on the nature of the allegations.

Order on Board

1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 195/2025 registered at Police Station - Lakhanpur, District – Sarguja, (C.G.), for the offences punishable under Sections 331(4), 305(a), 3(5) and 112(1) of Bharatiya Nyaya Sanhita, 2023.

2. The prosecution case, in brief, is that the complainant lodged a report at the concerned Police Station alleging that, on the date of the incident, unknown persons entered his hardware shop after breaking the lock and committed theft of cash amounting to Rs. 2,48,500/-. On the basis of the said complaint, the police registered an offence under Sections 331(4), 305(a), 3(5), and 112(1) of the Bharatiya Nyaya Sanhita (BNS) against unknown persons. During the course of investigation, the present applicant was arrested on the basis of a memorandum statement.

3. It is submitted by the learned counsel for the applicant that the present applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the police has not seized any said subject amount from the possession of the applicant and he has not committed theft of the seized subject amount and only on the basis of memorandum of statement, the applicant has arrested by Police. It is further contended that the charge-sheet has already been filed. Although the applicant has two prior criminal antecedents. The applicant has been in judicial custody since 26.08.2025. In light of the aforesaid facts and circumstances, it is prayed that the applicant be released on regular bail.

4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case. He further submits that the applicant has two previous criminal antecedents of similar nature, which shows that he is habitual offender, therefore the applicant is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, the nature of allegations, and the material available on record, particularly the fact that the charge-sheet has already been filed, that the applicant has two previous criminal antecedents and that the applicant has been in custody since 26.08.2025, this Court is of the view that the present applicant is entitled to be released on bail in this case.

7. Accordingly, the bail application is allowed. Let the Applicant – Punit Yadav @ Chhotu, involved in Crime No. 195/2025 registered at Police Station - Lakhanpur, District – Sarguja, (C.G.), for the offences punishable under Sections 331(4), 305(a), 3(5) and 112(1) of Bharatiya Nyaya Sanhita, 2023, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the