01Facts
The applicant was arrested in connection with Crime No. 102/2026 registered at Police Station Bhanupratappur, District Uttar Bastar Kanker, for offences under Sections 296, 115(2), 351(2), 238, 109 and 309(4) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
¶ 1The prosecution alleged that on 13.05.2026 at approximately 10:00 p.m., the complainant, Bhupendra Sahu, was robbed of his mobile phone and ₹3,000 and assaulted with hands and fists, causing injuries.
¶ 2The initial report was lodged against unknown persons.
¶ 3The applicant contended that he was implicated only on the basis of the memorandum of co-accused persons, that the complainant’s injuries were simple, and that no looted article had been recovered from him.
¶ 3He had been in custody since 15.05.2026; of his three criminal antecedents, he had been acquitted in two cases and one case remained pending.
¶ 3, 6The charge-sheet had been filed, and the trial was expected to take time.
¶ 3, 6The State opposed bail primarily on the ground of the applicant’s criminal antecedents.
¶ 402Issues
i.Whether the applicant was entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the allegations, the evidence relied upon, his period of custody, criminal antecedents, and the filing of the charge-sheet.
¶ 1, 3–6ii.Whether bail should be granted subject to conditions designed to secure the applicant’s presence and prevent misuse of the liberty of bail.
¶ 803Law Applied
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 impose appropriate conditions.
¶ 1The Court considered the nature and seriousness of the allegations, the period of incarceration, the status of the investigation, the filing of the charge-sheet, the likely duration of the trial, and the applicant’s criminal antecedents as relevant bail considerations.
¶ 6The offences alleged were those punishable under Sections 296, 115(2), 351(2), 238, 109 and 309(4) of the BNS.
¶ 1No judicial precedent was cited or relied upon.
Provisions in the judgment · 11 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Bharatiya Nyaya Sanhita, 2023 Section 296Section 115Section 351Section 238Section 109Section 309Section 269Section 209
04Reasoning
Without expressing any opinion on the merits, the Court balanced the prosecution’s allegations against the circumstances favouring release.
It noted that the applicant had remained in custody since 15.05.2026, the charge-sheet had already been filed, and the trial was likely to take considerable time.
¶ 6The Court also took into account that two of the applicant’s three criminal antecedent cases had ended in acquittal, leaving only one pending antecedent.
¶ 3, 6These factors outweighed the State’s objection based solely on the existence of criminal antecedents.
The applicant’s release was nevertheless made conditional upon furnishing a personal bond with two local sureties and complying with detailed attendance and non-adjournment requirements.
¶ 805Holding
The High Court allowed the applicant’s first regular bail application under Section 483 BNSS.
¶ 1, 7Manilal Usendi was directed to be released on bail in Crime No. 102/2026 upon furnishing a personal bond and two local sureties in the like amount to the satisfaction of the concerned trial court.
¶ 8The conditions required him not to seek adjournments when witnesses were present, to remain present before the trial court as directed, to appear personally on the dates fixed for opening of the case, framing of charge and recording of his statement under Section 351 BNSS, and to comply with the consequences of absence or misuse of bail liberty.
¶ 8A certified copy of the order was directed to be transmitted to the trial court for compliance.
¶ 9Original Court PDF
MANILAL USENDIvsSTATE OF CHHATTISGARH
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