The Gujarat High Court granted bail to a man accused of trying to break open an ATM machine along with co-accused, with the intention of committing theft. [2026 LiveLaw (Guj) 283]

The petitioner had sought bail for FIR lodged under Sections 331(4)(Lurking house-trespass or house-breaking by night), 305(a)(Theft in a dwelling house), 324(4)(Mischief causing property damage), 54(Abettor present when the offence is committed), 61(2)(a)(criminal conspiracy), 238(c)(Causing disappearance of evidence or giving false information) BNS.

Justice Nikhil S Kariel in his order noted that the allegation against the accused was that he along with co-accused had gone to ATM machine with the intention of committing theft, and had tried to break the ATM machine open but was unsuccessful.

The court said that the role attributed to the applicant was of being part of group in question which had tried to break open the ATM machine. The court noted that the applicant had eight antecedents and none of them are of similar nature. He had been in custody since 20.10.2025, charge-sheet had been filed and the trial had not proceeded substantially.

"Considering such a position, more particularly since it appears that in the instant case, the accused had attempted to break open the ATM machine, yet they had not succeeded, to this Court, indulgence is required...

In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail," the court said.

The plea was allowed and bail granted subject to certain conditions.