Regular bail may be granted when the charge-sheet is filed, the accused has no criminal antecedents, no incriminating recovery was made from their possession, and the trial is expected to be prolonged.

Order on Board

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. 76/2026, registered at Police Station – Mujgahan, District – Raipur (C.G.) for the offence punishable under Sections 309(6), 310(2) and 74 of the BNS and Section 25 of the Arms Act.

2. The case of the prosecution, is that on 08.04.2026, the complainant bhushan Sahu was going from Bhatagaon to Sejbahar in motorcycle with his niece Santoshi Sahu and Divya Bharti at about 1:30 in the night, the petrol of the motorcycle got exhausted near Sejbahar Garden, the complainant called Devi Singh Jatav and asked for petrol and after filing petrol In his motorcycle, he started at the same time, four boys on two motorcycles came near Shubham Auto Parts and took away the keys of the motorcycle of the complainant and one boy threatened to kill him by showing a knife, the complainant and other witnesses tried to intervene, one of boys started beating them with a wooden stick in his hand and snatched the chain worn around the neck of Pinky @ Divya Bharti and two mobile as Vivo and Nokia Mobile also took away the complainant's motorcycle and fled away. On the report, a case was registered under section 309(6) BNS and investigation was taken up, during the investigation, the complainant and the witnesses were questioned about the incident, who told that the accused were five boys on two motorcycles, On the statement of the complainant witnesses, the offence under section 310(2), 74 BNS and 25 of Arms Act was found to have occurred in the case, section was added, while searching for the unknown accused, on 11.04.2026, five boys were found, who were summoned, on detailed interrogation, they admitted to having committed the crime with the complainant and his friends on 08.04.2026 at night, three suspects namely Krishna Namdev, Vasudev Yadav and Shiv Nishad were found minors, after completion of inquiry, the charge-sheet was filed before the trial Court. Hence, this application.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely 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. It is further submitted that no such recovery has been made from the possession of the applicant. The applicant is in jail since 11.04.2026 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 there is no criminal antecedents registered against the present applicant, the charge-sheet has been filed in this case, and the applicant 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 the fact that there is no criminal antecedents registered against the present applicant, the charge-sheet has been filed in this case and no such recovery has been made from the possession of the applicant, the applicant is in jail since 11.04.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application.

7. Let applicant – Nitin Dhruw, involved in Crime No. 76/2026, registered a