Narbath Singh vs The State Rep By The Inspector Of Police

The petitioner, who was arrested and remanded to judicial custody on 03.06.2026 for the alleged offence under Sections 103(1), 309(6) read with Section 311 of BNS, 2023 in Crime No.262 of 2026 on the file of the respondent police, seeks bail.

The case of the prosecution is that the deceased, Abudahir Baasha, went missing on 30.05.2026, and his body was subsequently recovered near Cyrian Church. The case, initially registered as one of the suspicious death, was later altered to an offence under Section 103(1) of BNS. The prosecution alleges that, owing to a monetary dispute, the petitioner invited the deceased to his residence, strangulated him with a nylon rape, and robbed him of his valuables. It is further alleged that the petitioner transported the body on his motorcycle, abandoned it near a drainage area, disposed of the stolen articles, and attempted to burn the corpse to destroy evidence. Hence, the complaint.

The learned counsel for the petitioner submitted that this is the second bail application filed by the petitioner on account of investigation pending. Now the investigation completed and the charge sheet was also filed. He further submitted that the petitioner was arrested and remanded to judicial custody since 03.06.2026. He further submitted that the petitioner is innocent and has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and submitted that the offences alleged against the petitioner are heinous and grave in nature. He further submitted that the investigation completed and the charge sheet has also been filed and the same was taken on file in PRC.No.179 of 2026. He further submitted that the petitioner hails from the State of Rajasthan. Hence, he opposed the grant of bail to the Petitioner.

I have given my anxious consideration to the submissions made by the learned counsel on either side and perused the materials available on record.

Considering the nature of the allegations, long period of incarceration already undergone by the petitioner, investigation completed and the charge sheet has already been filed, this Court is inclined to enlarge the petitioner on bail subject to certain conditions.

Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, (Out of which, two sureties are blood related sureties), for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Coimbatore, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the Application for Surety slip [Judicial Form No.46 annexed to 'The Criminal Rules of Practice, 2019']. The learned Magistrate shall obtain a copy of any one of the identity proofs to ensure their identity;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with the evidence or witness either during investigation or trial;

[e] On breach of any of the aforementioned conditions, the learned Magistrate/Trial Court is entitled to pass appropriate orders against the petitioner in accordance with law as if the aforementioned conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)13 SCC 283];

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of B.N.S.