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
¶ 1The prosecution alleged that the applicant and three others robbed diesel from a parked trailer after threatening its driver with a firearm
¶ 2The 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
¶ 3The 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
¶ 402Issues
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, 5–6ii.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, 603Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the application for regular bail
¶ 1The alleged offences were under Sections 309(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023
¶ 1The 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
¶ 6The order treated the applicant’s antecedents and alleged misuse of prior bail as relevant considerations in deciding whether to grant bail
¶ 6Provisions 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
¶ 6It also noted that bail had been refused to two similarly situated co-accused on the ground of their antecedents
¶ 4, 6In light of these circumstances and the cited decision in Deepak Yadav, the Court found the case unsuitable for release on regular bail
¶ 605Holding
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
¶ 6Original Court PDF
PURUSHOTTAM YADAVvsSTATE OF CHHATTISGARH
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