Bail granted after charge-sheet filing, co-accused bail, and lengthy incarceration.

The applicant, Diwakar Avsariya, was arrested in connection with Crime No. 470/2025, registered at Police Station – Kasdol, District – Balodabazar-Bhatapara, for offenses punishable under Sections 318(4), 316(5), 318(3), 3(5), and 111 of the Bharatiya Nagarik Suraksha Sanhita, 2023

The prosecution's case stemmed from a complaint by Rameshwar Kumar Kashyap, who alleged that he and two others had provided Rs. 22,00,000/- to Ramnarayan Sahu, Devnarayan Sahu, Bhavneshwar Sahu, and Ranu Sahu for investment in share trading, with a promise of double returns in two years

This amount was allegedly deposited into Devnarayan Sahu's account via net banking on multiple occasions

The applicant has been in judicial custody since July 13, 2025

A charge-sheet has been filed in the case, and co-accused individuals have previously been granted bail by the High Court via orders dated October 9, 2025, December 9, 2025, and October 9, 2025, in MCRC Nos. 6996/2025, 9910/2025, and 7004/2025, respectively

The applicant has four prior criminal antecedents

1. Whether the applicant, Diwakar Avsariya, should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the facts and circumstances of the case, including his criminal antecedents, the filing of the charge-sheet, and the grant of bail to co-accused persons

The court's decision was based on the principles governing the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Key considerations for bail include the facts and circumstances of the case, the nature and gravity of the allegations, the period of incarceration, the filing of a charge-sheet, criminal antecedents, and parity with co-accused

Additionally, the court imposed conditions for bail, including an undertaking regarding adjournments, mandatory presence in trial, and consequences for misuse of liberty, referencing Sections 269, 84, and 209 of the Bharatiya Nyaya Sanhita

The court considered the arguments from both sides, noting the applicant's contention that he was falsely implicated and that co-accused had already been granted bail

The court acknowledged the prosecution's opposition, highlighting the applicant's four criminal antecedents and the filing of the charge-sheet

Applying the principles for granting bail, the court took into account several factors: the nature and gravity of the allegations, the fact that a charge-sheet had been filed, the applicant's incarceration since July 13, 2025, and crucially, the grant of bail to co-accused persons in similar MCRC petitions

The court also highlighted that the conclusion of the trial was likely to take a significant amount of time

While the applicant's criminal antecedents were noted, the court found that the cumulative effect of other factors, particularly the parity with co-accused and the substantial period of custody, warranted the grant of bail

The court ordered the applicant, Diwakar Avsariya, to be released on regular bail in connection with Crime No. 470/2025, upon his furnishing a personal bond with two sureties for an equivalent sum to the satisfaction of the concerned court

The bail was granted subject to several conditions, including an undertaking not to seek adjournments, ensuring presence in trial (personally or through counsel), and facing consequences under relevant sections of the Bharatiya Nyaya Sanhita and Bharatiya Nagarik Suraksha Sanhita for any misuse of liberty or absence

The court directed the office to send a certified copy of the order to the trial court for compliance