Facts
The complainant alleged that co-accused persons promised government employment in return for money, including ₹2,00,000 transferred through PhonePe and ₹1,00,000 paid in cash, but did not provide an appointment or return the money
Source reference: para. 2The applicant was not named in the FIR and was arrested on the allegation that a SIM card connected with the offence was registered in his name.
Source reference: paras. 2–3, 6He claimed that he had purchased the SIM in 2021 for a co-accused, who used it, and denied knowledge of its alleged misuse or receiving any money.
Source reference: paras. 2–3, 6He sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 318(4), 61(2), 238, 336(3), 338 and 340(2) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1Issues
1. Whether the applicant was entitled to regular bail where his alleged connection to the offence was the registration of a SIM card in his name.
Source reference: paras. 3, 62. Whether the applicant’s period of custody and the anticipated time for conclusion of trial supported his release on bail.
Source reference: para. 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to grant bail.
Source reference: para. 1In deciding this application, the Court considered the applicant’s alleged role and connection to the offence, whether he was alleged to have received or obtained the money, the period of custody, and the likely duration of the trial.
Source reference: para. 6The order cites no precedents or further legal test.
Source reference: paras. 1, 6Reasoning
The Court noted that the applicant was not named in the FIR and that the allegation against him rested on the SIM card being registered in his name.
Source reference: para. 6It also found no allegation that he had received or obtained money on the pretext of providing government employment.
Source reference: para. 6Given these circumstances, together with his custody since 30 August 2026 and the likelihood that the trial would take time, the Court concluded that bail was warranted.
Source reference: para. 6Holding
The Court allowed the bail application and directed that the applicant be released on executing a personal bond of ₹50,000 to the satisfaction of the trial Court.
Bail was subject to conditions requiring him to be available for police interrogation when required, not to influence or threaten persons acquainted with the case, and not to prejudice a fair and expeditious trial.
Source reference: para. 7The Court clarified that its observations were confined to the bail application and would not affect the trial Court’s decision on the merits.
Source reference: para. 7Acts & Sections Cited
7 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20236
Original Court PDF
AKASH BHAGATvsSTATE OF CHHATTISGARH
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