Facts
The applicant, Amarpal Singh @ Ankur, filed a First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with Crime No. 123/2025.
Source reference: p.1The charges were registered under Sections 331(8), 109(1), 312 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act.
Source reference: p.1The prosecution's case is that on May 13, 2025, at approximately 8:55 PM, police received information about a fire at Baradiya Jewellers.
Source reference: p.1Upon reaching the scene, the police learned from Bhanwar Lal Baradiya that two unknown persons, with covered faces, entered his shop around 8:30 PM.
Source reference: p.2One assailant assaulted him with the back of a pistol, and his daughter sustained bullet injuries.
Source reference: p.2The police registered an offense and investigated.
Source reference: no citationDuring the investigation, the applicant was arrested, and in his memorandum statement, he stated that he and co-accused persons, working as drivers, conspired to loot the jewelry shop.
Source reference: p.2On May 13, 2025, they entered the shop, and when Bhanwar Lal Baradiya resisted, he was assaulted with a pistol.
Source reference: p.2When his daughter arrived and ran, co-accused Ajay fired a gun, causing bullet injuries to her leg.
Source reference: p.2Counsel for the applicant argued that the applicant is innocent and falsely implicated, noting that while an air pistol and pellets were seized based on his statement, the gunshot was fired by co-accused Ajay Singh.
Source reference: p.3It was also submitted that the injuries to the complainant were simple, and his daughter's injury was a single firearm injury to her left leg without bone damage.
Source reference: p.3The applicant has no prior criminal antecedents and has been in jail since November 23, 2025.
Source reference: p.3A charge-sheet has been filed, and the trial is likely to be prolonged.
Source reference: p.3The State Counsel opposed bail, emphasizing that the applicant and co-accused, armed with deadly weapons, entered the shop with a pre-planned intention to commit robbery, assaulted the complainant, and shot his daughter.
Source reference: p.3Issues
Whether the applicant, Amarpal Singh @ Ankur, should be granted regular bail given the facts and circumstances of the case, the nature and gravity of the allegations, and the manner in which the crime was committed.
Source reference: p.3-4Law Applied
The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs the grant of regular bail.
Source reference: p.1The prosecution relied on specific sections of the Bharatiya Nyaya Sanhita, 2023, namely, Sections 331(8) (likely pertaining to voluntarily causing grievous hurt for robbery), 109(1) (punishment for abetment), and 312 (robbery), read with Section 3(5).
Source reference: p.1It also invoked Sections 25 and 27 of the Arms Act, which deal with illegal possession and use of arms.
Source reference: p.1The court considered the "seriousness of the offence, the manner in which the crime was committed, and the planned nature of the act" as crucial factors for bail determination.
Source reference: p.4Reasoning
The court heard the arguments from both parties and considered the documents on record.
Source reference: p.4While the applicant's counsel argued that the gunshot leading to injury was fired by a co-accused, Ajay Singh, not the applicant, and that the injuries sustained were not severe, the court focused on the overall circumstances.
Source reference: p.3The court underscored that the applicant, along with other co-accused, was armed with deadly weapons (air gun and pistol) and entered the complainant's jewellery shop at night with a pre-planned intention to commit robbery.
Source reference: p.4They assaulted the complainant, and one co-accused shot the complainant's daughter.
Source reference: p.4Despite the applicant not directly firing the weapon that caused the bullet injury, his involvement in the conspiracy, being armed, and participating in the robbery where such violence occurred was considered.
Source reference: p.2, p.4The court found the collective gravity of the allegations, the pre-planned nature of the crime, and the manner of its commission to be significant factors militating against granting bail.
Source reference: p.4Holding
The Court concluded that it was not a fit case to enlarge the applicant on regular bail.
Accordingly, the bail application of Amarpal Singh @ Ankur, involved in Crime No. 123/2025, was rejected at this stage.
Source reference: p.4The trial Court was directed to proceed and conclude the trial expeditiously.
Source reference: p.5Original Court PDF
AMARPAL SINGH @ ANKURvsSTATE OF CHHATTISGARH
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