Vishal Rohitesh Naidu denied bail for alleged West Tamworth break and enter

Vishal Rohitesh Naidu appeared from custody in Tamworth Local Court when his Legal Aid defence solicitor Arabella Munro made an unsuccessful release application.

She told the court the police case against the Sydney man - who is accused of breaking into a house on In Street in West Tamworth - is "not very strong".

Ms Munro said Naidu would be entering pleas of guilty to having stolen goods in his possession; and two counts of entering inclosed land, but would deny the more serious break and enter charge.

She told the court the police hadn't provided any forensic or DNA evidence linked to the break and enter of the In Street home.

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"The evidence for the break issue is weak," she said.

"To be blunt, it's my submission there's really no evidence."

Police prosecutor Sergeant Rebecca Skivington said while the police were relying on circumstantial evidence, it was still a "strong prosecution case".

She said the 39-year-old had been seen next door to the home he allegedly broke into with a collection of items - including tools, a train set, a birth certificate, and a Jim Beam flag.

"Yes it's circumstantial, but it's quite circumstantial," Sergeant Skivington said.

Naidu has remained behind bars since he was arrested after the alleged break and enter between May 15 and May 20.

At the time, he was refused bail after the prosecution argued the Sydney man was a flight risk, and posed an unacceptable risk to the community.

In the fresh application for his release, Ms Munro said the weak prosecution case and his time already spent behind bars was the basis for her submission.

She said the 39-year-old would live at an address in Liverpool and abide by a curfew if he was released from custody.

Sergeant Skivington said the prosecution would maintain its opposition to bail.

"Mr Naidu is not from the Tamworth region and it begs the question as to why he was here allegedly committing serious offences," she said.

Magistrate Julie Soars said the defence submission "has force" and strong bail conditions had been offered.

But given the fail to appear risk, she ordered Naidu to stay behind bars.

"At this stage I'll be refusing him bail, but I've given him the earliest hearing date," Ms Soars said.

The matter will return to court later this month.

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