Chhattisgarh High CourtCriminal Procedure and EvidenceCriminal Law

Prior criminal antecedents and misuse of earlier bail justify refusing regular bail.

PURUSHOTTAM YADAVv.STATE OF CHHATTISGARH

Prior criminal antecedents and misuse of earlier bail justify refusing regular bail.. PURUSHOTTAM YADAV vs STATE OF CHHATTISGARH. Chhattisgarh High Court. LawLens
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In brief

The question

1. Whether the applicant should be released on regular bail under Section 483 BNSS, having regard to the allegations and the material recorded in the case diary

The court held

The Court answered the bail question against the applicant and rejected his application for regular bail in Crime No. 264/2026, registered at Police Station Koni, Bilaspur, for offences under Sections 309(4) and 3(5) BNS

01Facts

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023

¶ 1

The prosecution alleged that the applicant and three others robbed diesel from a parked trailer after threatening its driver with a firearm

¶ 2

The applicant argued that the case against him rested on a memorandum statement, that he had been in custody since 27 May 2026, and that trial would take time

¶ 3

The State opposed bail, relying on the alleged armed robbery, the applicant’s two criminal antecedents, and the rejection of bail applications by two co-accused

¶ 4

02Issues

i.1. Whether the applicant should be released on regular bail under Section 483 BNSS, having regard to the allegations and the material recorded in the case diary

¶ 1, 5–6

ii.2. Whether the applicant’s criminal antecedents, alleged misuse of earlier bail, and the rejection of bail to similarly situated co-accused warranted refusing bail

¶ 4, 6

03Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail

¶ 1

The alleged offences were under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023

¶ 1

The Court also relied on Deepak Yadav v. State of Uttar Pradesh & Another, (2022) 8 SCC 559, which it cited in connection with the relevance of an accused’s previous antecedents to the bail determination

¶ 6

The order treated the applicant’s antecedents and alleged misuse of prior bail as relevant considerations in deciding whether to grant bail

¶ 6

Provisions in the judgment · 3 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483

Bharatiya Nyaya Sanhita, 2023 Section 309Section 3

04Reasoning

The Court considered the nature and gravity of the alleged armed robbery, the applicant’s two criminal antecedents, and its conclusion that he was a habitual offender who had misused bail granted earlier

¶ 6

It also noted that bail had been refused to two similarly situated co-accused on the ground of their antecedents

¶ 4, 6

In light of these circumstances and the cited decision in Deepak Yadav, the Court found the case unsuitable for release on regular bail

¶ 6

05Holding

The Court answered the bail question against the applicant and rejected his application for regular bail in Crime No. 264/2026, registered at Police Station Koni, Bilaspur, for offences under Sections 309(4) and 3(5) BNS

¶ 6
Chhattisgarh High Court

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PURUSHOTTAM YADAVvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · October 15, 2026

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