Grant of regular bail is permissible when the charge-sheet has been filed and the trial is expected to take a long time, balancing the gravity of the offence with the period of detention.

Order on Board

07.07.2026

1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 322/2025, registered at Police Station – Jashpur, District – Jashpur (C.G.) for the offence punishable under Sections 309(6), 351(1) and 310(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

2. The case of the prosecution, is that the incident took place on 02.12.2025 at about 06:00 A.M. behind Balachapar Power House, Nation Highway no. 43, Jashpur, the present applicant with other co- accused namely Rajkumar Singh, Abhishek Kumar Shah and one another, with the common intention of committing Dacoity with the complainant Subhash Dev Kumar. The present applicant and other co- accused persons were threatening to kill him and hitting him with hands, fists, kicks, sticks and stones and committed dacoity a total of Rs. 13,00,000/- (Rs. Thirteen Lack) kept by the complainant in the truck under his possession. On the basis of written complaint, the Police of Police Station Jashpur registered First Information Report in connection with Crime No.322/2025 against unknown person and during investigation on the basis of memorandum the Police has submitted charge-sheet against the present applicant and other co- accused persons.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and he is in jail since 22.12.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail.

4. On the other hand, the learned State counsel opposes the bail application and submits that applicant is a resident of the State of Jharkhand and the charge-sheet has been filed in this case there is no criminal antecedents registered against the present applicant, therefore, he is not entitled for grant of bail.

5. I have heard learned counsel for the parties and perused all of the documents available on record.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and charge-sheet has been filed against the applicant, he is in jail since 22.12.2025, conclusion of the trial is likely to take some time, considering the detention period of the applicant, I am inclined to allow this application.

7. Let applicant, Pawan Kumar Paswan, involved in Crime No.322/2025, registered at Police Station – Jashpur, District – Jashpur (C.G.) for the offence punishable under Sections 309(6), 351(1) and 310(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS), be released on bail on his furnishing a 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, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita.

(iii) In case, the applicant misuses the liberty of bail during trial and in ord