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2026 Supreme(Online)(SC) 239

SUPREME COURT OF INDIA
Unknown, J
PINTU NAT @ ALBELA NAT – Appellant
Versus
STATE OF BIHAR – Respondent
CRIMINAL APPEAL NO. OF 2026 | SLP(Crl.) No. 19311/2025



Advocates:
For the Appellants/Petitioners: [List of names]
For the Respondents: [List of names]

Bail can be granted when chargesheet is filed and no evidence links the accused to the crime.

Headnote:The appellant, aggrieved by the denial of bail by the High Court, submitted that he was not named in the FIR and had been wrongly implicated by a co-accused. The Court found no merit in continued incarceration as chargesheet was filed, allowing the appeal and granting bail without commenting on the case merits.

Result: The appeal is allowed, setting aside the impugned order.

Judgement Key Points

Key Points: - The appellant was not named in the FIR and was implicated by a co-accused, as recoveries were made from the co-accused (!) . - The High Court denied regular bail, which was challenged and found not warranted since the chargesheet had been filed and there was no direct evidence linking the appellant (!) (!) (!) . - The Supreme Court allowed the appeal, set aside the impugned order, and granted bail on such terms and conditions as fixed by the trial court (!) (!) . - The Court clarified that no observations on the merits of the case were made, limited to the bail grant (!) . - The appellant is to be released on bail in connection with FIR No. 356/2024, P.S. Bheldi, District Saran, Bihar, for offenses under Sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita, 2023 (!) (!) . - The continuation of pending applications was disposed of in light of the bail order (!) (!) . - The decision indicates bail can be granted when chargesheet is filed and there is no evidence linking the accused to the crime (!) . - The appellant must cooperate during trial and not seek unnecessary adjournments (!) .

What is the legal standard for granting bail when chargesheet is filed and there is no evidence linking the accused to the crime?

What is the effect of non-inclusion of the accused in the FIR on bail jurisdiction when a co-accused implicates them?

What are the conditional requirements for releasing the appellant on bail in relation to the specified FIR and sections of the Bharatiya Nyaya Sanhita?


ORDER

Leave granted.

The appellant, Pintu Nat @ Albela Nat, is aggrieved by the denial of regular bail by the High Court of Judicature at Patna, vide order dated 27.08.2025 passed in Criminal Miscellaneous No. 56828/2025, in relation to P.S. Case/First Information Report (FIR) No. 356/2024 dated 10.11.2024 registered with Police Station – Bheldi, District – Saran, Bihar, for the offences punishable under Sections 310 (2) and 317(3) of the Bharatiya Nyaya Sanhita , 2023.

The appellant, Pintu Nat @ Albela Nat, has been in custody since 19.03.2025. We find that the appellant, Pintu Nat @ Albela Nat, was not named in the P.S. Case/FIR and he was implicated by a co-accused, from whom recoveries were also made. We further find that the said co-accused was granted bail. It is an admitted fact that no recovery was made from the appellant.

In the above circumstances, we are of the opinion that the continued incarceration of the appellant, Pintu Nat @ Albela Nat, is not warranted at this stage. More so, as the chargesheet has already been filed.

The appeal is accordingly allowed, setting aside the impugned order dated 27.08.2025.

The appellant, Pintu Nat @ Albela Nat, is directed to be released on bail in connection with the aforestated P.S. Case/FIR, on such appropriate terms and conditions as may be fixed by the trial Court.

The appellant shall cooperate during the course of the trial and shall not take unnecessary adjournments.

We clarify that we have not made any observations/comments on the merits of the case and any observation made in this order is meant only for the limited purpose of grant of bail.

Pending application(s), if any, shall stand disposed of.

ORDER

Leave granted.

The appeal is allowed, setting aside the impugned order dated 27.08.2025, in terms of the signed order.

The appellant, Pintu Nat @ Albela Nat, is directed to be released on bail in connection with P.S. Case/First Information Report (FIR) No. 356/2024 dated 10.11.2024 registered with Police Station – Bheldi, District – Saran, Bihar, for the offences punishable under Sections 310 (2) and 317(3) of the Bharatiya Nyaya Sanhita , 2023, on such appropriate terms and conditions as may be fixed by the trial Court.

Pending application(s), if any, shall stand disposed of.

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