Absence of criminal antecedents and inconclusive medical reports regarding injury severity justify granting anticipatory bail.

The applicants, Dinesh and Pawan (aged 23 and 21 respectively), filed an application for anticipatory bail regarding Crime No. 201 of 2025 registered at Police Station Rajgarh

The prosecution alleged that on April 12, 2025, a dispute over tractor rent escalated into a physical scuffle where Dinesh allegedly struck the complainant, Mukesh, with an axe on the skull, and Pawan assaulted Mukesh and his wife with a wooden stick

The applicants contended they were falsely implicated following a mutual altercation and that the injuries were simple in nature

Medical records indicated Mukesh was discharged after five days, but the Medical Officer withheld a final opinion on the gravity of the injury due to the absence of an NCCT Head report

1. Whether the applicants are entitled to the grant of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, based on the nature of the accusation and the necessity of custodial interrogation

The court primarily applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (corresponding to Section 438 of the CrPC), regarding the grant of bail to persons apprehending arrest

Substantive charges were noted under Sections 109(1), 115(2), 296, 351(3), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court balanced the gravity of the offence against the lack of criminal antecedents and the socio-economic status of the accused to determine flight risk and the potential for tampering with evidence

The Court analyzed the case diary and noted that while serious weapons were allegedly used, the medical evidence was inconclusive regarding the gravity of the injuries due to missing diagnostic reports (CT Scan/X-ray)

It observed that the applicants are young laborers with family responsibilities and no prior criminal record

The Court reasoned that custodial interrogation was unnecessary for the investigation and that the applicants' socio-economic status suggested no likelihood of fleeing justice or influencing witnesses

It concluded that jail incarceration on potentially false or exaggerated accusations would cause undue hardship and social humiliation

It directed that in the event of arrest, the applicants be released upon furnishing a personal bond of Rs. 50,000 each with one separate solvent surety of like amount

The bail is subject to conditions including: (i) appearing for investigation as directed; (ii) not committing similar offences; (iii) not inducing or threatening witnesses; and (iv) ensuring compliance with Section 346 of the BNSS regarding trial attendance

The order remains effective until the conclusion of the trial