Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 244/2026, registered for offences under Sections 74, 75(1)(4), 296, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The prosecution alleged that the applicant made obscene remarks and gestures towards the victim, caught her hand and arm, and later called associates who assaulted a person who intervened.
Source reference: para. 2The applicant claimed false implication, pointed to the absence of injuries in the victim’s medical report, and submitted that the charge-sheet had been filed, he had no criminal antecedents, and he had been in custody since 21 July 2026.
Source reference: para. 3The State opposed bail on the basis of the allegations’ nature and gravity.
Source reference: para. 4Issues
1. Whether the applicant should be released on regular bail, having regard to the allegations, the stage of the proceedings, and the circumstances relevant to bail.
Source reference: paras. 3–6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides the basis for the High Court’s consideration of an application for regular bail.
Source reference: para. 1The Court assessed the application by reference to the case circumstances, nature of the allegations, filing of the charge-sheet, period of custody, criminal antecedents, and likely time for conclusion of the trial.
Source reference: para. 6Reasoning
The Court considered the allegations and the State’s objection, but also noted that the charge-sheet had been filed, the applicant had been in custody since 21 July 2026, he had no criminal antecedents, and the trial was likely to take considerable time.
Source reference: paras. 4–6On the cumulative circumstances, and without expressing any view on the merits, it found the applicant entitled to bail.
Source reference: para. 6Holding
The High Court allowed the bail application and directed the applicant’s release upon furnishing a personal bond of ₹50,000 with one surety for the like amount, to the satisfaction of the trial Court.
Bail was subject to conditions against influencing persons acquainted with the case, conduct prejudicial to a fair and expeditious trial, and failure to appear before the trial Court on each date until disposal of the trial.
Source reference: para. 7Acts & Sections Cited
6 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20235
Original Court PDF
JHAMMAN GIRI GOSWAMIvsSTATE OF CHHATTISGARH
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