Facts
The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 124/2026, registered for alleged offences under Sections 109, 115(2), 296 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The prosecution alleged that during an Eid-Milad-un-Nabi procession, the applicant assaulted the complainant and another person, including allegedly inflicting a knife injury on the complainant.
Source reference: para. 2The applicant denied causing the injuries with a knife, relied on the absence of criminal antecedents and submitted that the complainant had no objection to bail.
Source reference: para. 3The State opposed the application but confirmed that the injuries were simple and that the applicant had no criminal antecedents.
Source reference: paras. 4–5The complainant, present through counsel, also expressed no objection.
Source reference: para. 6Issues
Whether the applicant was entitled to anticipatory bail in connection with the alleged offences.
Source reference: paras. 1, 8Whether the circumstances—including the simple nature of the injuries, the absence of criminal antecedents and the complainant’s lack of objection—supported granting anticipatory bail.
Source reference: paras. 3–6, 8Law Applied
Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides for a direction granting bail in anticipation of arrest.
Source reference: para. 1The court may grant such relief subject to appropriate conditions, including availability for interrogation, non-interference with witnesses or the investigation, conduct consistent with a fair trial, and appearance before the trial court.
Source reference: para. 9The judgment cites no precedent and does not set out any further legal test.
Source reference: no citationReasoning
Considering the allegations and the parties’ submissions, the Court noted that the medical reports recorded simple injuries, the applicant had no criminal antecedents, and the complainant did not oppose bail.
Source reference: paras. 3–6On the overall facts and circumstances, and without expressing any opinion on the merits, the Court found it appropriate to grant anticipatory bail.
Source reference: para. 8It imposed conditions to secure the applicant’s cooperation with the investigation and attendance at trial.
Source reference: para. 9Holding
The Court allowed the application.
It directed that, in the event of arrest in the crime, the applicant be released on anticipatory bail upon executing a personal bond of ₹25,000 with one surety for the like sum, subject to the conditions specified in the order.
Source reference: para. 9A certified copy was directed to be sent to the trial court for information and compliance.
Source reference: para. 10Acts & 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
ARIF KHANvsSTATE OF CHHATTISGARH
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