01Facts
The applicant was arrested in connection with Crime No. 324/2026, registered at Police Station Basantpur, Rajnandgaon, for alleged offences under Sections 309(4), 311 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
¶ 1–2The prosecution alleged that the applicant and two others robbed the complainant of approximately ₹1,800 and a mobile phone after threatening him with a knife, and injured his leg with a sharp-edged weapon.
¶ 1–2The applicant sought regular bail, relying on the absence of recovery from him, his lack of criminal antecedents, and the grant of bail to co-accused Dheeraj Barekar.
¶ 302Issues
i.Whether the applicant was entitled to regular bail, particularly on the ground of parity with a similarly situated co-accused.
¶ 3, 6ii.Whether the allegations and circumstances warranted release on bail despite the State’s opposition based on the seriousness of the alleged offence.
¶ 4, 603Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail.
¶ 1In assessing bail, the Court considered the nature and gravity of the allegations, the circumstances of the case, the applicant’s criminal antecedents, recovery of the alleged stolen property or weapon, and parity with a co-accused already granted bail.
¶ 6Provisions in the judgment · 4 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Bharatiya Nyaya Sanhita, 2023 Section 309Section 311Section 3
04Reasoning
The Court weighed the seriousness of the allegations against the circumstances supporting release.
¶ 4, 6It noted that no alleged stolen mobile phone, knife, or cash had been recovered from the applicant, that he had no criminal antecedents, and that co-accused Dheeraj Barekar had been granted bail in a related application.
¶ 6On those grounds, the Court considered the applicant entitled to bail on parity, notwithstanding the State’s objection regarding the gravity of the offence.
¶ 4, 605Holding
The Court allowed the bail application.
¶ 7It directed that the applicant be released upon furnishing a personal bond of ₹50,000 with one surety in the like amount to the satisfaction of the trial Court.
¶ 7Bail was subject to conditions prohibiting interference with witnesses or the fair trial and requiring the applicant to attend each hearing until disposal of the trial.
¶ 7Original Court PDF
PUSHU KUMAR SAHUvsSTATE OF CHHATTISGARH
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