Anticipatory Bail Granted Where Injury Is Minor and Parties Reached Amicable Settlement Post-Incident

The applicant filed a first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

The prosecution alleged that on January 1, 2026, the applicant and three others intercepted the complainant and his brother, assaulting them with wooden sticks.

It was further alleged that the applicant slapped a neighbor, Savitri Budek, causing her to fall.

Consequently, Crime No. 02/2026 was registered at P.S. Pithora for various offenses under the BNS, 2023.

The applicant contended he was falsely implicated and that an amicable settlement had since been reached with the victim's family.

1. Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the BNSS, 2023, in light of the alleged compromise between the parties and the nature of the injuries.

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

Sections 115(2) (voluntarily causing hurt), 127(1) (wrongful restraint), 296 (obscene acts), 3(5) (joint liability), 351(3) (criminal intimidation), and 109 (punishment of abetment) of the Bhartiya Nyaya Sanhita (BNS), 2023.

The principle that bail is warranted when a victim refuses medical treatment and parties have reached a settlement.

The Court reviewed the case materials and noted the State counsel's submission that the injured party had formally stated they did not wish to undergo medical treatment.

The State confirmed that the dispute had been compromised between the parties.

The Court observed that given these specific circumstances—the lack of medical exigency and the voluntary settlement facilitated by village elders—there was no necessity for custodial interrogation or arrest.

The Court balanced the gravity of the charges against the post-incident conduct of the parties to justify the exercise of its discretionary power under Section 482 BNSS.

In the event of arrest, the applicant shall be released on bail upon executing a personal bond and one surety, subject to conditions: non-interference with witnesses, regular attendance at trial, submission of Aadhaar-linked identification, and a prohibition on future criminal involvement.