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Judgment
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. 123/2026 registered at Police Station : Khamahariya, District : Bemetara (C.G.) for the offence punishable under Sections 309(6), 331(2), 317(2) and 3(5) of Bhartiya Nyaya Sanhita, 2023.
The prosecution story, in brief, is that on 30.06.2026, at about 12:00 noon, the applicant entered the house of the complainant, looted a gold chain weighing 30.020 grams, and fled the scene. On the basis of the complaint, the police registered the aforementioned offence and arrested the applicant on 01.07.2026.
Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case as he did not participate in the commission of the afore-stated offence. He further submits that applicant has no criminal antecedents and charge-sheet has been filed before the competent Court. He also submits that applicant is in jail since 01.07.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.
On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the stolen article i.e. gold chain was recovered from the applicant which established his active presence in the commission of afore-stated offence, therefore, he is not entitled for grant of regular bail.
I have heard learned counsel for the parties and perused the case diary.
It appears that applicant has no criminal antecedents. Furthermore, investigation is completed, charge-sheet has been filed and applicant has been in jail since 01.07.2026, the trial is likely to take sometime for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall make himself available for interrogation by the police officer as and when required;
(b)he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and
he shall not act in any manner which will be prejudicial to a fair and expeditious trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.