Grant of regular bail is considered based on the nature of the offence, the period of detention, and the stage of proceedings (filing of charge-sheet), even in the presence of criminal antecedents, if the trial is expected to be prolonged.

Order on Board

10.07.2026

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. 10/2026 registered at Police Station – Antagarh, District North Bastar Kanker (C.G.), for the offences punishable under Sections 318(3),318(4) & 316(2) of the BNS.

2. The case of the prosecution, in brief, is that one Charanjeet has lodged a report with the allegation that he has handed over a truck to the applicant but because the applicant has ensured that the said vehicle has been engaged by him in the plant and initially he had engaged the said truck at Narayngaon Coal Washery and then subsequently mortgaged the truck bearing registration number C.G.-04-MZ-3560 for Rs. 5 Lakhs to Vijay Sharma and then not provided the same back to the complainant. The applicant has been alleged to provide the same by subletting to some other person and now he is not returning the truck to the complainant. So on the basis of the said alleged commission of offence but before arresting the applicant the prosecution agency did not follow the procedure laid down by the Hon'ble Supreme Court in the case of Arnesh Kumar and now charge-sheeted the applicant for the alleged offence.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the allegations levelled against the applicant are false, frivolous and do not prima facie constitute the alleged offences, as the applicant has not cheated anyone. Learned counsel further submits that the applicant had informed the investigating agency regarding the rent agreement and the fact that the truck had been sublet to a third party; however, the police neither conducted a proper investigation into the said aspect nor seized the vehicle. It is further submitted that the charge-sheet has already been filed, yet the prosecution has failed to collect any legally admissible material connecting the applicant with the alleged offence, and the investigating agency arrested the applicant without properly examining the role of Vijay Sharma. With regard to the applicant's previous criminal case, it is submitted that no charge-sheet has been filed therein and that the truck and the car involved in the said case have already been released to their respective owners, which itself demonstrates the weakness of the prosecution case. It is also submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence or influencing the witnesses, and he is ready and willing to abide by all such terms and conditions as may be imposed by this Hon'ble Court while granting bail. On these grounds, it is prayed that the applicant be enlarged on bail.

4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the applicant has two previous criminal antecedent, therefore, he is not entitled to the grant of regular bail.

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

6. Considering the facts and circumstances of the case, the nature and gravity of the offence alleged against the applicant, and further taking into account the period of detention, as the applicant has remained in jail since 20.03.2026, and the fact that the charge-sheet has already bee