Facts
The applicants sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 277/2026, registered at Police Station Purani Bhilai for offences under the Bharatiya Nyaya Sanhita, 2023 and the Chhattisgarh Rajya Suraksha Adhiniyam, 1990
Source reference: p.1, para. 1The prosecution alleged that two vehicles were found transporting iron scrap from the Bhilai Steel Plant without authority
Source reference: p.2, para. 2The applicants contended that they had been implicated on the basis of a co-accused’s memorandum statement and that the scrap had been taken to a yard owned by Girish Khandelwal, who had received anticipatory bail
Source reference: p.2, para. 3The State did not dispute that the applicants’ implication was based on the co-accused’s statement, that Khandelwal had received anticipatory bail, or that there were no criminal antecedents against the applicants; it also reported that other co-accused had been granted bail
Source reference: pp.2–3, paras. 4–5Issues
Whether the applicants were entitled to anticipatory bail in connection with Crime No. 277/2026
Source reference: p.1, para. 1; p.3, para. 7If so, on what terms and conditions should anticipatory bail be granted
Source reference: p.3, para. 8Law Applied
The application was considered under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for directions for grant of bail to a person apprehending arrest.
Source reference: p.1, para. 1The Court identified no specific precedent or further legal test in its order; it stated that it had considered the facts and circumstances and the parties’ submissions without commenting on the merits
Source reference: p.3, para. 7Reasoning
The Court considered that the applicants’ implication was attributed to a co-accused’s memorandum statement, that the State did not dispute the grant of anticipatory bail to the owner of the yard where the scrap was allegedly taken, and that there were no criminal antecedents against the applicants. It also noted that several co-accused had been granted regular or anticipatory bail
Source reference: pp.2–3, paras. 3–5On the entirety of the circumstances, the Court found it appropriate to grant anticipatory bail, without expressing any view on the merits.
Source reference: p.3, para. 7Holding
The Court allowed the application.
It directed that, in the event of arrest in Crime No. 277/2026, each applicant be released on anticipatory bail on executing a personal bond of ₹25,000 with one surety for the like sum, subject to conditions including availability for interrogation, non-interference with witnesses or the investigation, conduct consistent with a fair trial, and appearance before the trial court on every date fixed until conclusion of the trial.
Source reference: p.3, para. 8Acts & Sections Cited
12 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
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UMAKANT PANDAvsSTATE OF CHHATTISGARH
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