01Facts
The three applications were the applicant’s first bail applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, arising from Crime Nos. 186/2026, 294/2025 and 182/2026, registered for offences under Sections 303(2), 317(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
¶ 1The prosecution case arose from theft complaints initially registered against unknown persons; after the applicant was taken into custody, he was implicated in these and other cases on the basis of his memorandum.
¶ 2The applicant relied on the filing of charge-sheets, the absence of any recovery at his instance, and the disposal of three other cases following compromise; the State opposed bail, citing his criminal antecedents.
¶ 3–4The Court noted that the charge-sheets had been filed and that nothing had been recovered at the applicant’s instance.
¶ 602Issues
i.Whether the applicant should be released on bail in the three cases, having regard to the allegations, criminal antecedents, lack of recovery, and filing of the charge-sheets.
¶ 5–603Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of bail applications.
¶ 1The Court’s stated reasons for granting bail included the filing of the charge-sheets, the absence of recovery at the applicant’s instance, and the circumstances concerning the other cases.
¶ 6Provisions in the judgment · 4 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 303Section 317Section 3
04Reasoning
The Court considered the State’s objection based on the applicant’s criminal antecedents against the fact that the charge-sheets had already been filed and nothing had been recovered at his instance.
¶ 4–6It also took into account that three other cases had been disposed of following compromise.
¶ 6On those circumstances, the Court found it appropriate to grant bail in the three cases.
¶ 605Holding
The Court allowed all three applications.
¶ 7It directed the applicant’s release on bail in each case upon furnishing a personal bond of ₹50,000 with one surety for the like amount, subject to conditions prohibiting interference with witnesses or the fair and expeditious trial and requiring attendance on every date fixed by the trial court.
¶ 7The Court clarified that its observations were limited to deciding the bail applications and would not affect the trial court’s independent assessment on the merits.
¶ 7Original Court PDF
SANTOSH KUMAR GUPTAvsSTATE OF CHHATTISGARH
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