Accused Charged With Instigation and Common Intention Entitled to Bail Absent Direct Participation in Physical Violence.

The Applicant, Sukhvinder Singh, filed an application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The case originated from FIR No. 08 of 2026 at Police Station Nanakmatta, involving allegations that the main accused, Mangat Singh, shot and seriously injured the victim, Major Singh.

The Applicant was accused of being part of a group that instigated Mangat Singh to fire the weapon.

The Applicant contended he was falsely roped in, was not the shooter, and noted that the victim specifically identified Mangat Singh as the assailant.

The State opposed bail, arguing that the Applicant’s act of instigation demonstrated common intention and that witnesses corroborated this role.

Whether the Applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the nature of the allegations and his specific role in the commission of the alleged crime.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

Bharatiya Nyaya Sanhita (BNS), 2023: Section 109 (Abetment), Section 115 (Abetment of offence punishable with death or imprisonment for life), Section 191(3) (Rioting, armed with deadly weapon), Section 352 (Punishment for assault or criminal force), and Section 3(5) (Acts done by several persons in furtherance of common intention).

The court examined the gravity of the allegations versus the specific overt act attributed to the Applicant.

The court noted the prosecution's argument that the Applicant instigated the crime, thereby sharing common intention with the main accused.

The court found that the "prime ground" for consideration was that the Applicant was not the individual who actually opened fire on the injured victim.

The court reasoned that while there may be a role of instigation as alleged, this distinction in physical participation, combined with the overall facts and circumstances, provided sufficient grounds for bail at this juncture.

The court held that the Applicant made out a case for bail as he was not the person who fired the gun.

It directed that the Applicant be released upon furnishing a personal bond with two reliable sureties to the satisfaction of the trial court, subject to the conditions that he cooperates with trial proceedings and does not misuse the liberty granted.