Absence of criminal antecedents and simple nature of injuries justify grant of anticipatory bail.

The applicant filed a first anticipatory bail application apprehending arrest in connection with Crime No. 253/2026 for offenses under the Bharatiya Nyaya Sanhita (BNS), 2023

The prosecution alleged that on March 11, 2026, during a traffic search at Pulgaon Chowk, the applicant obstructed police officers, used abusive language, and pushed a constable while objecting to the apprehension of a third party for drunk driving

The applicant, a public representative, contended that he was merely objecting to coercive police actions and asserted that no injuries were caused to the officers

The State noted that the injuries were simple in nature and the applicant had no prior criminal record

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the nature of the allegations and his lack of criminal antecedents

The Court primarily applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant anticipatory bail

The substantive offenses were considered under Sections 121 (Voluntarily causing hurt to deter public servant), 132 (Assault or criminal force to deter public servant), 221 (Obstructing public servant in discharge of public functions), 296 (Obscene acts and songs), and 351(3) (Criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS), 2023

The Court evaluated the facts and circumstances by balancing the gravity of the allegations against the applicant's personal history.

It noted the State’s submission that the injuries sustained by the police personnel were simple in nature and that the applicant had no criminal antecedents

The Court reasoned that since the investigation and trial were likely to be protracted, and considering the specific nature of the allegations—which arose from a public representative’s intervention in a police action—the applicant did not pose a significant flight risk or threat to the judicial process

Consequently, the Court found the applicant eligible for protection from arrest subject to stringent conditions to ensure his cooperation with the investigation

The Court held that in the event of arrest, the applicant shall be released upon executing a personal bond and one surety, subject to the conditions that he: (a) does not induce or threat witnesses; (b) does not prejudice the trial; (c) appears before the trial court on all scheduled dates; (d) submits identification via Aadhaar card and photographs; and (e) refrains from committing similar offenses in the future