Facts
The complainant, Yogeshwar Kaushik, lodged an FIR alleging that on August 16, 2025, the applicant and three others assaulted Devendra Kaushik near a petrol pump in Bilaspur.
Source reference: para. 2CCTV footage allegedly depicted the applicant inflicting injuries with a club (danda), while other accused persons used their hands and fists.
Source reference: para. 2The victim succumbed to his injuries during treatment, leading to the addition of Section 103 of the BNS.
Source reference: para. 2The applicant was arrested on November 10, 2025.
Source reference: para. 2Counsel for the applicant argued that the club was seized by police on August 17, 2025, prior to the applicant's arrest, and thus no recovery was made pursuant to his memorandum statement.
Source reference: para. 3It was further noted that three co-accused individuals had already been granted bail.
Source reference: para. 3Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, in light of the filing of the charge sheet and the principle of parity.
Source reference: para. 1, 6Law Applied
The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail.
Source reference: para. 1The applicant was charged under the Bharatiya Nyaya Sanhita (BNS), 2023, for offences including Section 103 (Murder), Section 115(2) (Voluntarily causing hurt), Section 351(3) (Criminal intimidation), Section 238 (Causing disappearance of evidence), and Section 3(5) (Joint liability).
Source reference: para. 1, 7The court also invoked procedural safeguards under Sections 84, 209, 269, and 351 of the BNS/BNSS to ensure the applicant's appearance during trial and prevent the abuse of liberty.
Source reference: para. 7Reasoning
The Court's reasoning centered on the completion of the investigation and the status of co-accused persons.
Source reference: para. 6It observed that the charge sheet had already been filed before the competent court.
Source reference: para. 6The Court placed significant weight on the principle of parity, noting that co-accused Kishan Kumar Sahu and Hitesh Manikpuri had been granted anticipatory bail, while Pintu Tandon @ Rehan had been granted regular bail by the same Court.
Source reference: para. 3, 6The Court considered the applicant's period of detention since November 10, 2025, and determined that as the trial was likely to take considerable time to conclude, continued incarceration was not warranted.
Source reference: para. 6Holding
The High Court allowed the bail application and directed the release of the applicant upon furnishing a personal bond with two sureties.
The holding was conditioned upon the applicant's undertaking not to seek adjournments during witness testimony and mandatory personal appearance during key trial stages, such as the framing of charges and recording of statements.
Source reference: para. 7The Court warned that any violation of bail conditions or failure to appear would result in proceedings under Sections 209 and 269 of the BNS.
Source reference: para. 7Original Court PDF
RAJA MARKAMvsTHE STATE OF CHHATTISGARH
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