The court ruled that accused individuals must be provided access to prosecution materials to ensure a fair trial, prioritizing their rights under Section 230 BNSS over conflicting provisions.

JUDGMENT :

Hon’ble Subhash Vidyarthi J.

1. Heard Shri Ajai Kumar Shukla, the learned counsel for the applicant, Shri Anurag Verma, the learned A.G.A.-I for the State, Shri Bhuwan Raj, the learned counsel for the informant and perused the records.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.317 of 2024 under Sections 109(1), 324(4), 351(3), 103(1), 61(2) of Bhartiya Nyaya Sanhita (which will hereinafter be referred to as ‘the B.N.S.’) registered at Police Station-Lalganj, District- Pratapgarh.

3. The learned Counsel for the applicant submitted that a co-accused person Sachin Mishra @ Adarsh Mishra has been granted bail by means of an order dated 09.04.2025 passed by this Court in Crl. Misc. Bail Application No.2963 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground of parity.

4. Sri. Bhuwan Raj, the learned Counsel for the informant has raised a preliminary objection against maintainability of the bail application on the ground that copies of some extracts of the case diary have been annexed with the bail application although the investigation is yet not completed and the prosecution papers have not been filed in the Court. He has stated that parts of case diary having been accessed to by the applicant indicates that he is capable of influencing the investigation and the Investigation Officer is trying to protect the accused persons.

5. The statutory provision relevant in this regard is contained in Section 192 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as ‘ BNSS ’), which provides as follows: -

“192. Diary of proceedings in investigation.—(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.

(2) The statements of witnesses recorded during the course of investigation under Section 180 shall be inserted in the case diary (3) The diary referred to in sub-section (1) shall be a volume and duly paginated.

(4) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.

(5) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of Section 148 or Section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply.”

(Emphasis added)

6. However, Section 230 of the BNSS provides as follows: -

“230. Supply to accused of copy of police report and other documents.—In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:—

(i) the police report;

(ii) the first information report recorded under Section