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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. 504/2026 registered at Police Station Masturi, District Bilaspur (C.G.), for the offence punishable under Sections 305 and 331(1) of BNS.
As per the case of the prosecution, on 28.07.2026, the complainant Bharat Lal Kurmi lodged an FIR alleging that during the intervening night of 27.07.2026 and 28.07.2026, some unknown person broke open the shutter of his shop and committed theft of Rs. 13,000/-, an Aadhaar card, a mobile phone, a ration card and other articles. On such complaint, the police registered the offence as stated above.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. She would further submit that no incriminating article was seized from the possession of the applicant. It is contended that applicant has no criminal antecedents, the charge-sheet has already been filed, and he is in jail since 29.07.2026. Therefore, she would pray for grant of bail.
On the other hand, learned counsel for the State would oppose the bail application. Ms. Sameeksha Gupta, Panel Lawyer would submit that a wooden plank was recovered on instance of the present applicant. She would further submit that the applicant is involved in the commission of alleged offence. Therefore, she would pray for rejection of the bail application.
I have heard learned counsel appearing for the parties and perused the case diary.
Having considered the facts and circumstances of the case, nature and gravity of allegation levelled against the present applicant and fact that applicant has no criminal antecedent, no incriminating article was seized from possession of the applicant, charge-sheet has already been filed, applicant is in jail since 29.07.2026, without commenting anything on merits of the case, I am inclined to allow instant application.
Accordingly, the regular bail application is allowed and it is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
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;
he shall not act in any manner which will be prejudicial to fair and expeditious trial, &
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.