Umesh Kumar Bharti Vs State of Chhattisgarh

The applicants have preferred this first bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 as they are in jail since 02.03.2026 in connection with Crime No. 227/2025 registered in Police Station – Nagarnaar, District Bastar (CG) for commission of offence punishable under Sections 127(2), 331(4), 309(4) & 3(5) of BNS.

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The case of the prosecution, in brief, is that the complainant, a widow residing with her two daughters, Mahima Gupta and Sneha Gupta, at Dhanpunji Deboguda Para, reported that owing to the dilapidated

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condition of her old house, she was constructing a new house on the adjoining vacant land. On the night of 12.10.2025, after having dinner, she and her daughters went to sleep in their house. At about 2:30 a.m. on 13.10.2025, she allegedly heard footsteps and, upon coming out, noticed three unknown persons dressed in black clothes with white towels covering their faces. One of them was allegedly carrying a long knife. The intruders, while conversing in Oriya, Hindi and Bhatri, allegedly overpowered the complainant, tied her hands and legs with cloth, pasted adhesive tape over her mouth and threatened her with dire consequences. Thereafter, when her daughters came out on hearing the commotion, they too were allegedly restrained in a similar manner. The miscreants then allegedly broke open the locker of an almirah and decamped with cash amounting to Rs. 40,000/-, gold ornaments valued at approximately Rs. 50,000/- and a Redmi mobile phone, thereby causing a total loss of about Rs. 95,000/-. During the course of investigation, certain stolen articles, including the mobile phone and cash, were allegedly recovered pursuant to memorandum statements made by the accused persons. On the basis of the material collected during investigation, applicants were implicated in the crime and were subsequently arrested. After completion of the investigation, the charge-sheet came to be filed before the competent Court. Hence, the present bail application.

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Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case and have neither committed nor participated in the alleged ofence. It is contended that there is no direct evidence on record to establish the involvement of the applicants in the commission of the crime. He

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further submits that the applicants were not named in the FIR and no specific allegation was levelled against them by the complainant at the time of lodging of the report. It is argued that the applicants have been implicated during the course of investigation solely on the basis of their memorandum statements and that no independent incriminating material has been brought on record to connect them with the alleged incident. Learned counsel submits that the applicants were neither present at the place of occurrence nor were they participated in the alleged robbery. He further submits that the charge-sheet has been filed before the competent Court, they are in jail since 02.03.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants.

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On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been submitted before the competent Court. She further submits that the applicants are involved in a serious offence of house trespass and robbery committed during the night hours, wherein cash, gold ornaments and other valuable articles were looted from the house of the complainant. It is contended that during the course of investigation, sufficient material has been collected indicating the involvement of the applicants in the commission of the offence. She further submits that a sum of Rs. 27,000/- of the stolen property has been recovered from the possession of the present applicants pursuant to their memorandum statement, which constitutes a significant incriminating circumstance against them. It is argued that the recovery made at the instance of the applicants lends corroboration to the prosecution case and establish them nexus with the crime. Considering the nature and gravity of the

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allegations, the manner in which the offence was allegedly committed, and the recovery effected from the applicants, he submits that no case for grant of bail is made out at this stage. He contends that there are 03 criminal antecedents of similar nature against the present applicants in which they have already been granted bail from trial Court. Accordingly, it is prayed that the bail application be rejected.

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

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Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that though the applicants are involved in the offence of robbery and during the course of investigation, a sum of Rs.27,000/- out of the stolen property was recovered from their possession pursuant to their memorandum statement, but also considering the fact that the applicants are languishing in jail since 02.03.2026, there are 03 criminal antecedents of similar nature against the present applicants in which they have already been granted bail from trial Court, and the charge-sheet has been submitted before the competent Court and the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case.

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Accordingly, the bail application of the applicants is allowed .

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It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, they shall be released on bail, on following conditions :-

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I. They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court;

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II. They shall not act in any manner which will be prejudicial to a fair and expeditious trial;

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III. They shall appear before the trial Court on each and every date given to them by the said Court till the disposal of the trial; and,

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IV. They shall not involve themselves in any offence of a similar nature in future.

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The observation made in the course of this order is only for considering the case of the applicants on the application for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order.

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Certified copy as per rules.

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Sd/- (Rakesh Mohan Pandey) Judge

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vatti

Umesh Kumar Bharti v. State of Chhattisgarh

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Umesh Kumar Bharti v. State of Chhattisgarh

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