Facts
The applicants were arrested in connection with Crime No. 468/2026, registered at Police Station Kotwali, Korba, for alleged offences under Sections 115(2), 296, 351(3) and 109 of the Bharatiya Nyaya Sanhita, 2023.
Source reference: paras. 1–2The prosecution alleged that the applicants, along with a juvenile, assaulted Roshan Sharma using their hands and fists, a screwdriver, and bricks, causing injuries to his head and upper lip.
Source reference: paras. 1–2The applicants submitted that the charge-sheet had been filed, but the record contained no MLC or medical opinion establishing the nature of the injuries; they also relied on their periods in custody and the expected time for trial.
Source reference: para. 3Alok Yadav had no criminal antecedent, while Rinku Yadav had one antecedent from 2020.
Source reference: para. 3These were their first applications for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Source reference: para. 1Issues
Whether the applicants were entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the circumstances of the case.
Source reference: paras. 1, 6–7Law Applied
The applications were brought under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning regular bail.
Source reference: para. 1The applicants faced charges under Sections 115(2), 296, 351(3) and 109 of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The Court did not cite or discuss any precedent; its decision turned on the case-specific circumstances, including the absence of medical material on the nature of the injuries, the applicants’ antecedents, completion of the investigation and filing of the charge-sheet, and the likely duration of the trial.
Source reference: paras. 6–7Reasoning
The Court noted that, although the prosecution alleged an assault with a screwdriver and bricks, the case record contained no report, MLC, or medical opinion demonstrating the nature of the victim’s injuries; it therefore considered the injuries simple for the purpose of deciding bail.
Source reference: para. 6It also considered Alok Yadav’s lack of antecedents, Rinku Yadav’s single antecedent from 2020, the filing of the charge-sheet, the applicants’ custody since May 2026, and the likelihood that trial would take further time.
Source reference: paras. 6–7Weighing those circumstances, the Court found the applicants entitled to bail.
Source reference: paras. 6–7Holding
The High Court allowed both applications and directed that the applicants be released on bail upon executing personal bonds of Rs. 50,000 each to the satisfaction of the trial Court.
Bail was subject to conditions requiring their availability for police interrogation when required, prohibiting inducement, threats, or promises to persons acquainted with the case, and requiring them not to act in a manner prejudicial to a fair and expeditious trial.
Source reference: para. 8The Court clarified that its observations were confined to the bail applications and would not affect the trial Court’s decision on the merits.
Source reference: para. 8Acts & Sections Cited
5 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20234
Original Court PDF
ALOK YADAVvsSTATE OF CHHATTISGARH
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