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Judgment
This is the first bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 237/2026 registered at Police Station – Mulmula District Janjgir - Champa Chhattisgarh for the offences punishable under Sections 126(2), 296, 115(2), 309(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The case of the prosecution, in brief, is that on 20.06.2026, the complainant, namely Ajay Kumar Barle, lodged an oral report stating that while he was returning home after selling vegetables at about 6:00 p.m., three unknown persons, who were sitting in vehicle No. CG-11-BQ-3519, intercepted him, assaulted him and looted cash amounting to Rs. 8,000/- and his mobile phone. On the basis of the said report, an offence was registered against unknown persons. During the course of investigation, the police arrested the present applicant in connection with the alleged offence.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the applicant is aged about 18 years and 1 month and is working as a labourer. He has not committed the alleged offence and has no criminal antecedents. He further submits that the applicant has been in custody since 22.06.2026, charge-sheet is filed and that the trial may take some time to conclude.
Learned State counsel opposes the prayer for grant of bail and submits that, from the material available in the charge-sheet, there is direct involvement of the applicant in the commission of the alleged crime. He further submits that the charge-sheet has already been filed. However, on question posed to him he submitted that the applicant has no criminal antecedents.
I have heard learned counsel for the respective parties and perused the documents filed along with the bail application.
Taking into consideration the facts and circumstances of the case, the nature of the allegations, the submissions advanced by learned counsel for the respective parties, the fact that the applicant is aged about 18 years and 1 month, has no criminal antecedents, has been in custody since 22.06.2026, charge-sheet has already been filed, trial is likely to take sometime, without commenting anything on merits of the case, I am inclined to allow this application for grant of bail.
Accordingly, the bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and it is directed that applicant shall be released on bail upon his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of Trial Court concerned on the conditions that:
The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.
In case, the applicant misuses the liberty of bail during trial andin order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita.
The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules.