A bail application may be granted when no incriminating evidence is available and the duration of custody is considerable, prioritizing the defendant's liberty.

Order on Board

30.07.2025

1.

This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.56/2025 registered at Police Station – Bhilai Bhatti, District – Durg (C.G.), for the offence punishable under Sections 303(2), 319(2) of Bharatiya Nyay Sanhita 2023 and 25 and 26 of the Chhattisgarh Rajya Surakasha Adhiniyam .

2.

As per the prosecution story, a FIR bearing crime No. 56/2025 was registered at the instance of the written complaint of the complainant and from a perusal of the FIR only one of the accused Parmeshwar Kumar S/o Muralidhar Devdas was named in it. Later on, during investigation the Applicant and other accused were arrested and presented before concerned JMFC which remanded them to judicial custody and since 25/04/2025 the Applicant is in judicial custody from which it is pursuant that there is no requirement of custodial interrogation hence, keeping the Applicant would not serve any fruitful purpose. It is also humbly submitted that the alleged offence against the Applicant is triable by JMFC and the investigation as well as trial is likely to take time.

3.

Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the entire case of prosecution made against the present applicant is false, baseless and fabricated as the same is based on incorrect facts and false seizure and no incriminating material has been seized from the possession of the applicant and he is in jail since 25.04.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.

4.

On the other hand, learned State counsel opposes the bail application and submits that there is one criminal case under Section 379, 411& 34 of IPC against the applicant, therefore, he is not entitled for grant of regular bail in the present case.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence levelled against the applicant, the fact that no incriminating material has been recovered from the possession of the present applicant and the recovery has been made from the possession of the co-accused, and further, that in the present case, the charge-sheet has already been filed before the competent Court and the applicant is in jail since 25.04.2025, and as the conclusion of the trial is likely to take some more time, this Court is of the view that the applicant is entitled to be released on bail in the present case

7.

Let the Applicant – Harsh Deshmukh @ Pushpendra @ Chaokleti involved in Crime No.56/2025 registered at Police Station – Bhilai Bhatti, District – Durg (C.G.), for the offence punishable under Sections 303(2), 319(2) of Bharatiya Nyay Sanhita 2023 and 25 and 26 of the Chhattisgarh Rajya Surakasha Adhiniyam , be released on bail on his furnishing personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, witho