Bhuvan Kurre vs State Of Chhattisgarh

This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 423/2026 registered at Police Station City Kotwali, Balodabazar, District Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 296, 115(2), 309(2), 3(5) of BNS.

Case of the prosecution, in brief, is that on 24.05.2026 at about 08:00 P.M., the complainant Shiv Kumar Yadav, along with his friend, Naresh Dhruv, had gone on a motorcycle to purchase medicine. After purchasing the medicine, they allegedly purchased liquor from the liquor shop situated on Raipur Road and were sitting near the motorcycle. At that time, three persons allegedly came from behind, threw chilli powder on the complainant’s face, abused him in obscene language, forcibly took away his mobile phone and cash amount of Rs.1,500/-, and assaulted him by hitting a stone on his head, causing injury. The complainant allegedly apprehended co-accused Gautam Kurre at the spot, who disclosed the names of the other alleged accused persons, namely Nand Manhare and the present applicant Bhuvan Kurre. On the basis of the complainant’s report, Crime No. 423/2026 was registered at Police Station City Kotwali, Balodabazar, for offences punishable under Sections 296, 115(2), 309(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. During investigation, identification proceedings were conducted, wherein the complainant allegedly identified the accused persons. Upon completion of investigation, the charge-sheet has been filed before the competent Court. The applicant was arrested on 24.05.2026 and has been in judicial custody since then. Hence, the bail application.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the implication and arrest of the applicant are substantially based upon the memorandum/disclosure statement of the co-accused, which by itself is a weak piece of evidence and cannot be treated as substantive evidence against the applicant. No independent and reliable material has been brought on record to establish his direct involvement in the alleged offence. He also submits that the allegations against him are not supported by any cogent and reliable material. He later submits that the investigation is completed and the charge-sheet has already been filed before the competent Court. Therefore, the applicant’s custodial interrogation is no longer required and his further detention would serve no useful purpose. The applicant is in jail since 24.05.2026, the applicant has total seven criminal antecedents of the years 2019, 2020, 2021 and 2022 under the IPC, out of which, in two case, the applicant has already been acquitted, one case is compromised between the parties and rest of the four cases are still pending against the applicant, further the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant in collusion with other co-accused persons, allegedly assaulted the complainant after throwing chilli powder on his face, abused him, and forcibly robbed him of his mobile phone and Rs.1,500/-. The applicant was allegedly identified by the complainant during the identification proceedings. So far as criminal antecedents of the applicant are concerned, the applicant has seven criminal antecedents of the years 2019, 2020, 2021 and 2022 under the IPC, therefore, the applicant is not entitled for grant of bail.

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

Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 24.05.2026, the fact that though the applicant in collusion with other co-accused persons, allegedly assaulted the complainant after throwing chilli powder on his face, abused him, and forcibly robbed him of his mobile phone and Rs.1,500/-, and was later identified by the complainant during the identification proceedings, but considering the fact that no injury has been caused to the complainant, also considering the criminal antecedents of the applicant, which are seven in number of the years 2019, 2020, 2021 and 2022 under the IPC, out of which, in two case, the applicant has already been acquitted, one case is compromised between the parties and rest of the four cases are still pending against the applicant, further the charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case.

Accordingly, the application is allowed.

Let the Applicant-Bhuvan Kurre, involved in Crime No. 423/2026 registered at Police Station City Kotwali, Balodabazar, District Balodabazar - Bhatapara (C.G.) for the offence punishable under Sections 296, 115(2), 309(2), 3(5) of BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.