Chhattisgarh High Court
Criminal Procedure and EvidenceCriminal Law

Inordinate reporting delay and likely lengthy trial supported the grant of regular bail.

HIMANSHU RATHI vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: October 08, 20262 MIN READSOURCE JUDGMENT
Inordinate reporting delay and likely lengthy trial supported the grant of regular bail.. HIMANSHU RATHI vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 87/2026, registered for alleged offences under Sections 109(1), 3(5), 189, 190, 351, 126 and 127 of the Bharatiya Nyaya Sanhita, 2023, and Section 25 of the Arms Act.

Source reference: paras. 1–4

The prosecution alleged that on 19 May 2025 the applicant and others stopped the complainant’s car, assaulted its occupants, and that the applicant and a co-accused also put a gun to the complainant’s head.

Source reference: paras. 1–4

The report was lodged on 7 August 2026; the applicant was arrested on 7 September 2026.

Source reference: paras. 1–4

The State opposed bail, relying on the firearm allegedly yet to be seized and the applicant’s prior criminal record. The State also acknowledged that the medical examination disclosed no injuries.

Source reference: paras. 1–4
02

Issues

Whether the applicant should be granted regular bail under Section 483 BNSS, having regard to the delay in reporting, the absence of medically recorded injuries, the period in custody, and the time likely to be required for trial.

Source reference: paras. 3–6

Whether the prosecution’s allegations, including the alleged use of a firearm and the applicant’s criminal history, warranted refusal of bail.

Source reference: para. 4
03

Law Applied

The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which was the statutory basis invoked for seeking regular bail.

Source reference: para. 1

The Court applied its discretion to assess the parties’ submissions, the nature of the allegations, the delay in lodging the report, the applicant’s custody, and the expected duration of the trial.

Source reference: para. 6

The order cites no precedent or further legal test.

Source reference: no citation
04

Reasoning

The Court considered the State’s allegations, including that a gun had been put to the complainant’s head and remained to be seized, as well as the applicant’s criminal record.

Source reference: para. 4

It also noted the substantial delay between the alleged incident and the report, the absence of injuries in the medical examination, and that the applicant had been in custody for about one month while the trial would take considerable time.

Source reference: paras. 3–6

On balance, and without expressing an opinion on the merits, the Court found these considerations sufficient to grant bail.

Source reference: para. 6
05

Holding

The High Court allowed the application and directed the applicant’s release on regular bail on furnishing a bond of ₹25,000 with one surety for the like sum, subject to conditions concerning adjournments, attendance, and presence at specified trial stages.

The Court also directed that a certified copy of the order be sent to the trial court for information and compliance.

Source reference: para. 8
06

Acts & Sections Cited

15 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.

Bharatiya Nagarik Suraksha Sanhita, 20233

Bharatiya Nyaya Sanhita, 202311 provisions

Arms Act, 19591

Chhattisgarh High Court

Original Court PDF

HIMANSHU RATHIvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 08, 2026

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