Facts
The applicant filed his first application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), in connection with Crime No. 237/2026 registered at Police Station Mulmula, District Janjgir-Champa, for offences under Sections 126(2), 296, 115(2), 309(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
Source reference: para. 1The prosecution alleged that on 20 June 2026, at approximately 6:00 p.m., three unknown persons travelling in vehicle No. CG-11-BQ-3519 intercepted the complainant, assaulted him, and robbed him of ₹8,000 and a mobile phone. The applicant was subsequently arrested during investigation.
Source reference: para. 2The applicant claimed false implication, relied on his age of approximately 18 years and one month, absence of criminal antecedents, employment as a labourer, custody since 22 June 2026, and filing of the charge-sheet. It was argued that the trial would take time to conclude.
Source reference: para. 3The State opposed bail on the ground of the applicant’s direct involvement but conceded that he had no criminal antecedents and that the charge-sheet had been filed.
Source reference: para. 4Issues
1. Whether the applicant was entitled to regular bail under Section 483 of the BNSS in view of the nature of the allegations and the material collected during investigation?
Source reference: paras. 1, 5–62. Whether the applicant’s age, lack of criminal antecedents, period of custody, filing of the charge-sheet, and the anticipated delay in trial justified grant of bail?
Source reference: para. 6Law Applied
The Court applied Section 483 of the BNSS, which empowers the High Court to grant regular bail in appropriate cases.
Source reference: paras. 1, 5–6The Court considered the established bail factors, including the nature and gravity of the allegations, the prima facie material against the accused, the possibility of prolonged custody and delay in trial, the accused’s age, and the existence or absence of criminal antecedents.
Source reference: paras. 1, 5–6The alleged offences were those punishable under Sections 126(2), 296, 115(2), 309(2) and 3(5) of the BNS.
Source reference: para. 1No judicial precedent was cited or relied upon in the order.
Source reference: no citationReasoning
After considering the prosecution material and the submissions of both sides, the Court noted that the applicant was approximately 18 years and one month old, had no criminal antecedents, had remained in custody since 22 June 2026, and that the charge-sheet had already been filed.
Source reference: para. 6Although the State alleged direct involvement, the Court found that continued detention was not warranted in light of the applicant’s young age, clean antecedents, completion of investigation, and the likelihood that the trial would take time.
Source reference: para. 6Without expressing any opinion on the merits of the prosecution case, the Court exercised its discretion under Section 483 of the BNSS in favour of bail.
Source reference: paras. 5–6Holding
The bail application was allowed.
The applicant was directed to be released on furnishing a personal bond of ₹25,000 with one surety for the like amount to the satisfaction of the trial court.
Source reference: para. 7Bail was subject to conditions requiring him not to seek unnecessary adjournments when witnesses were present, to remain present before the trial court on every date either personally or through counsel, and to appear personally on the dates fixed for opening of the case, framing of charge, and recording of his statement under Section 351 of the BNSS.
Source reference: para. 7(a)–(d)The trial court was permitted to take action in accordance with law in the event of absence, misuse of bail, or failure to appear pursuant to proclamation.
Source reference: para. 7A certified copy of the order was directed to be sent to the trial court for compliance.
Source reference: para. 8Acts & Sections Cited
10 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20233
Bharatiya Nyaya Sanhita, 20237
Original Court PDF
RAJVIND @ ARYAN YADAVvsSTATE OF CHHATTISGARH
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