Adding a graver offence alone does not justify denying anticipatory bail.

The prosecution alleged that, following a dispute over gravel laid on a path to the complainant’s fields, the applicants and others abused the complainant’s family, broke into the complainant’s house, assaulted several persons with rods and sticks, pelted stones, and damaged five motorcycles

The applicants were arrested on 8 June 2026 and released on bail the following day; Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS) was subsequently added on the basis of medical opinion concerning an injured person’s injuries

They sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which the State opposed on grounds including the seriousness of the allegations and the risk of influencing witnesses

Whether the applicants were entitled to anticipatory bail in light of the allegations, the medical evidence, and the subsequent addition of Section 109 BNS

Whether custodial interrogation was necessary, notwithstanding the applicants’ prior arrest and release on bail

The application was brought under Section 482 BNSS, the provision identified by the Court as governing the request for anticipatory bail

The Court stated that the nature and gravity of the allegations and the medical evidence are relevant, but that the subsequent addition of a penal provision does not, by itself, determine entitlement to anticipatory bail; the need for custodial interrogation must be assessed on the specific facts and circumstances

The Court acknowledged the seriousness of the allegations and the relevance of the medical evidence, but treated the addition of Section 109 BNS as insufficient, on its own, to resolve the bail question

It assessed the question by reference to the circumstances of the case, including the applicants’ prior arrest and release on bail, and concluded that the applicants should receive anticipatory-bail protection

The order does not give further detailed reasons addressing the necessity of custodial interrogation

The applicants must cooperate with interrogation when required, not threaten or induce the complainant or witnesses, not leave India without prior court permission, and comply with the other stated conditions