Chhattisgarh High Court

Regular bail granted despite criminal antecedents considering filing of charge-sheet and prolonged judicial custody.

SUNIL NIRMALKAR vs STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: March 18, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 1

The 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. 2

The FIR was registered on October 22, 2025, and the applicant was arrested on October 24, 2025

Source reference: paras. 2-3

The applicant contended that he was falsely implicated and noted a delay in the FIR registration

Source reference: para. 3

The State opposed the bail, highlighting that the charge-sheet had been filed and the applicant possessed four criminal antecedents

Source reference: para. 4
02

Issues

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. 6
03

Law 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. 1

Sections 296, 351, 118, 119, and 126 of the Bharatiya Nyaya Sanhita (BNS)

Source reference: para. 1

The 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. 7
04

Reasoning

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. 6

While 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. 6

Finding 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. 6

To 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. 7
05

Holding

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. 7

The 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. 7
Chhattisgarh High Court

Original Court PDF

SUNIL NIRMALKARvsSTATE OF CHHATTISGARH

Chhattisgarh High Court · March 18, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment