Regular bail granted after charge-sheet filing where prolonged custody and delayed trial were anticipated.

The applicant, Mansukh Lal Sahu, was arrested in connection with Crime No. 940/2026 registered at Police Station Sarkanda, District Bilaspur, for offences under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The prosecution alleged that the accused persons had obtained an aggregate amount of ₹4,00,000 under the Government Snakebite/Poisonous Animal Bite Death Assistance Scheme by furnishing false facts, thereby causing wrongful gain to themselves.

The applicant asserted that he was innocent, had neither received any benefit nor committed the alleged offences, and had been implicated on the basis of suspicion and a memorandum statement.

The State opposed bail on the grounds of the alleged wrongful receipt of ₹4,00,000 and the applicant’s criminal antecedent, while acknowledging that the charge-sheet had been filed.

Whether the applicant should be enlarged on regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations, period of custody, filing of the charge-sheet, and the likelihood of delay in trial?

Whether bail should be granted subject to conditions securing the applicant’s presence and preventing misuse of the liberty of bail?

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), which empowers the High Court to grant regular bail to a person accused of an offence and in custody.

In exercising bail discretion, the Court considered the nature and gravity of the accusation, the period of detention, completion of investigation and filing of the charge-sheet, and the anticipated duration of the trial.

Bail was made subject to conditions concerning attendance, non-seeking of unnecessary adjournments, personal appearance at material stages, and consequences for misuse of bail.

The Court did not undertake a final examination of the merits of the prosecution case.

It balanced the allegation that the applicant had participated in obtaining ₹4,00,000 through false claims against the fact that he had remained in custody since 19 June 2026, the charge-sheet had already been filed, and the trial was likely to take considerable time.

Although the State pointed out one criminal antecedent, the Court found the overall circumstances sufficient to justify release on bail.

The applicant’s presence and participation in the trial were protected through specific conditions, including mandatory appearance at the stages of opening of the case, framing of charge and recording of statement under Section 351 BNSS.

The Court directed that Mansukh Lal Sahu be released on regular bail upon furnishing a personal bond of ₹25,000 with one surety for the like amount to the satisfaction of the Trial Court.

The release was subject to conditions requiring him not to seek adjournments when witnesses were present, to remain present on each date fixed by the Trial Court, to appear personally at specified stages of the trial, and to comply with the consequences prescribed in case of absence or misuse of bail.

A certified copy of the order was directed to be transmitted to the Trial Court for compliance.