Facts
The applicant filed his first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail in connection with Crime No. 574/2025
Source reference: para. 1The complainant alleged that on October 20, 2025, the applicant stopped him, demanded money for liquor, and upon refusal, used abusive language and assaulted him with a wooden rod and a belt
Source reference: para. 2The FIR was registered on October 22, 2025, and the applicant was arrested on October 24, 2025
Source reference: paras. 2-3The applicant contended that he was falsely implicated and noted a delay in the FIR registration
Source reference: para. 3The State opposed the bail, highlighting that the charge-sheet had been filed and the applicant possessed four criminal antecedents
Source reference: para. 4Issues
Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, in light of the filing of the charge-sheet and the duration of his judicial custody
Source reference: para. 6Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which grants the High Court the authority to release an accused on regular bail
Source reference: para. 1Sections 296, 351, 118, 119, and 126 of the Bharatiya Nyaya Sanhita (BNS)
Source reference: para. 1The court also invoked procedural safeguards under Section 269 of the BNSS regarding non-appearance, Section 84 of the BNSS regarding proclamations for absconding persons, and Section 209 of the BNS concerning failure to appear before a court
Source reference: para. 7Reasoning
The Court evaluated the gravity of the allegations against the procedural status of the case. It observed that the investigation was substantially complete as the charge-sheet had already been filed
Source reference: para. 6While the State raised concerns regarding the applicant’s four criminal antecedents, the Court prioritized the fact that the applicant had remained in judicial custody since October 24, 2025
Source reference: para. 6Finding that the trial was likely to take considerable time to conclude, the Court determined that the applicant's continued detention was unnecessary
Source reference: para. 6To mitigate risks associated with the applicant's criminal history and ensure trial integrity, the Court balanced the grant of liberty with stringent conditions, including mandatory attendance at trial and a prohibition on seeking unnecessary adjournments
Source reference: para. 7Holding
The Court granted regular bail to the applicant, Sunil Nirmalkar, subject to a personal bond and two local sureties
The holding is contingent upon several conditions: the applicant must not seek adjournments during witness evidence, must appear personally at specific trial stages (framing of charges and statement recording under Section 351 of the BNSS), and must strictly comply with all trial court dates
Source reference: para. 7The Court directed that any abuse of the liberty of bail or failure to appear as required would empower the trial court to initiate proceedings in accordance with law
Source reference: para. 7Original Court PDF
SUNIL NIRMALKARvsSTATE OF CHHATTISGARH
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