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. 1–4The 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. 1–4The report was lodged on 7 August 2026; the applicant was arrested on 7 September 2026.
Source reference: paras. 1–4The 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. 1–4Issues
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. 3–6Whether the prosecution’s allegations, including the alleged use of a firearm and the applicant’s criminal history, warranted refusal of bail.
Source reference: para. 4Law 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. 1The 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. 6The order cites no precedent or further legal test.
Source reference: no citationReasoning
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. 4It 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. 3–6On balance, and without expressing an opinion on the merits, the Court found these considerations sufficient to grant bail.
Source reference: para. 6Holding
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. 8Acts & 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, 2023
Arms Act, 19591
Original Court PDF
HIMANSHU RATHIvsSTATE OF CHHATTISGARH
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