Regular bail granted on parity with co-accused, prolonged custody, and anticipated trial delay.

The applicant was arrested in connection with Crime No. 360/2025 registered at Police Station Kotwali, Raipur, for offences under Sections 318(4), 336(3), 338, 340(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The complainant, an elderly person, alleged that on 15 December 2025 an amount of ₹25,000 was withdrawn from his bank account through one of his cheques.

The applicant claimed false implication, absence of criminal antecedents, and parity with Mohammad Ilyas, who had been granted anticipatory bail by the High Court.

The State opposed bail, contending that the charge-sheet had not yet been filed and that the applicant had an antecedent under the NDPS Act.

The applicant had remained in custody since 1 July 2026.

1. Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the allegations, his period of custody, and the stage of investigation.

2. Whether the grant of anticipatory bail to the principal accused, Mohammad Ilyas, and the anticipated delay in conclusion of trial justified release of the applicant on bail.

3. Whether the applicant’s alleged criminal antecedent under the NDPS Act disentitled him from bail.

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

The offences alleged were those prescribed under Sections 318(4), 336(3), 338, 340(2) and 3(5) of the BNS.

In determining bail, the Court considered the overall facts and circumstances, the applicant’s period of custody, the stage of the proceedings, the likelihood of delay in trial, and the fact that the principal accused had already received anticipatory bail.

Bail was made subject to conditions securing the applicant’s attendance, preventing unnecessary adjournments, and regulating consequences for misuse of bail.

After examining the case diary, the Court found that the applicant had been in custody since 1 July 2026 and that the trial might take considerable time, while the principal accused, Mohammad Ilyas, had already been granted anticipatory bail by the High Court.

Although the charge-sheet had not yet been filed and the State referred to an NDPS antecedent, the Court considered the cumulative circumstances sufficient to justify release on bail.

The Court therefore exercised its jurisdiction under Section 483 BNSS, without making any final determination on the merits of the prosecution case.

The High Court directed that Rishabh Baghel be released on bail in Crime No. 360/2025 upon furnishing a personal bond with two sureties in the like amount to the satisfaction of the concerned court.

The order was subject to conditions requiring attendance before the trial court, avoidance of unnecessary adjournments, personal appearance at the stages of opening of the case, framing of charge and recording of statement under Section 351 BNSS, and compliance with orders relating to proclamation and consequences of misuse of bail.