Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in connection with Crime No. 11/2026, registered at Police Station Jhalmala, Kabirdham, for offences under Sections 109(1), 296, 115(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Source reference: para. 1The prosecution alleged that, following a land dispute, the applicant drove a tractor over the complainant’s husband on 29 June 2026.
Source reference: para. 2The applicant denied knowing how to drive a tractor and relied on the completion of the investigation, filing of the charge-sheet, his custody since 3 July 2026, and the expected duration of trial.
Source reference: para. 3The State opposed bail, citing the alleged intent to kill, a fracture of the injured person’s sixth rib, and a prior Motor Vehicles Act case.
Source reference: para. 4The Court considered the case diary and material on record.
Source reference: para. 5Although paragraph 1 describes the application as the first bail application, paragraph 7 calls it the third bail application.
Source reference: paras. 1, 7Issues
Whether the applicant should be released on regular bail under Section 483 of the BNSS, having regard to the allegations, injury, prior antecedent and other circumstances.
Source reference: paras. 1, 3–6Law Applied
Section 483 of the BNSS provides the procedural basis for an application for regular bail.
Source reference: para. 1In deciding the application, the Court considered the nature and gravity of the allegations, the alleged manner of commission, the seriousness of the injury, the applicant’s prior antecedent, and the injured witnesses’ statements under Section 180 of the BNSS.
Source reference: para. 6The order cites no precedent or further legal test.
Source reference: no citationReasoning
The Court treated the allegation that the applicant drove a tractor over the injured person after a land dispute as serious, particularly because the injured person had suffered a fracture of the sixth rib, which the Court characterized as a grievous injury.
Source reference: para. 6It also relied on the applicant’s prior Motor Vehicles Act case and the serious allegations made by injured witnesses in their Section 180 BNSS statements.
Source reference: para. 6These considerations outweighed the applicant’s submissions concerning his alleged inability to drive, completion of the investigation, custody and likely trial delay.
Source reference: paras. 3–6Holding
The Court declined to grant regular bail.
The Court declined to grant regular bail and dismissed the application in connection with Crime No. 11/2026.
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, 20232
Bharatiya Nyaya Sanhita, 20235
Original Court PDF
NAINSINGH MARKAMvsSTATE OF CHHATTISGARH
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