RANCHI, India, April 9 -- Jharkhand High Court issued the following order on March 9:

1. This bail application has been filed under Sections 483 and 484 of the BNSS, 2023 wherein, prayer has been made for grant of bail as the petitioner is in custody for allegedly committing offences punishable under Sections 103(1) & 238(a) of Bhartiya Nyaya Sanhita, 2023.

2. Heard the parties.

3. The learned APP opposes the prayer for grant of bail.

4. I have gone through the impugned order. I am astonished after going through the impugned order, and the manner in which the Court concerned has dealt with the bail application. This Court fails to understand as to how the District Judge can pass this type of order when the undertrial prisoner seeks bail, on whatever ground it may be. I am tempted to quote the entire order, which reads as under:-

"O R D E R (This 11th day of November, 2025) 1. This is a petition for the grant of regular bail filed on behalf of the U.T.P. Sajjan Kumar Bhuiyan @ Sajjan Bhuiyan who is under incarceration since 14.06.2025 in connection with Lesliganj P.S. Case No.73 of 2025 corresponding to G.R. Case No.1671 of 2025 registered u/s 103(1), 238(a) of BNS, 2023.

2) The only ground raised by the U.T.P. is that he is very innocent and has not committed any offence whatsoever. He has been falsely implicated in the case. The narration detailed in the F.I.R. is totally false, baseless and concocted. The U.T.P. has been dragged only on the basis of suspicion.

3) The grounds raised by the U.T.P. are pre-matured and cannot be appreciated by this Court at this stage. Innocence, false implication et-al can only be seen at or after the conclusion of trial. 4. The MCA is therefore dismissed."

5. Once an undertrial approaches for bail, it has to be considered as to whether the same is a fit case to grant bail or not. In both the scenarios the Court has to consider and weigh the material, then only pass a reasoned order either rejecting the bail application or granting the bail.

6. At this stage, whatever may be the accusation, the Court must keep in mind that he is a mere accused and not a convict. The accusation levelled against him definitely needs to be proved by evidence during trial, but during the stage of considering the bail application, pending trial, the Court should assess the material available in the case diary including the statements of the witnesses recorded by the police under Section 181 of the BNSS, 2023. The nature and gravity of the imputations alleged against the accused has also to be considered. It has also to be considered as to what is the maximum sentence that can be imposed if the prosecution proves the imputation against the accused. Furthermore, it is the duty of the Court also to consider as to whether it is appropriate to keep the petitioner in custody.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xzRYkosGzmzrrgIP7SMEcOpkL2dhrB9RYkBfZm%2FslNE4&caseno=B.A./11250/2025&cCode=1&cino=JHHC010412472025&state_code=7&appFlag=)

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