Anticipatory bail granted where specific allegations against applicant involve only fist blows with no criminal antecedents.

The applicant, a 33-year-old shopkeeper, sought anticipatory bail regarding Crime No. 118/2025

The prosecution alleged that the applicant and his associates engaged in an altercation with the complainant, Nishant Patel, and his sister. The applicant allegedly assaulted the complainant with fist blows, while a co-accused (Deepak) used a knife to cause incised wounds to the complainant's mandible and chest

Medical reports indicated the injuries were simple, with no acute fractures or traumatic injuries found via CT scan

The applicant contended he was falsely implicated and that a minor altercation was being exaggerated

1. Whether the applicant is entitled to the protection of anticipatory bail under Section 482 of the BNSS, 2023, considering the nature of the allegations and lack of criminal antecedents

Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of anticipatory bail

Principles of criminal jurisprudence regarding custodial interrogation, which suggest that incarceration is unnecessary if the accused is not required for recovery of weapons or further investigation, and where there is no flight risk or likelihood of tampering with evidence

The applicant was charged under Sections 296(A) (Obscene acts), 109(1) (Punishment of abetment), 351(2) (Criminal intimidation), and 3(5) (Joint liability) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court observed that the specific role attributed to the applicant involved only fist blows, whereas the more serious injury with a knife was attributed to a co-accused

The court reasoned that since no weapon was allegedly used by the applicant, custodial interrogation was not required

Given the applicant's socio-economic status as a shopkeeper and his clean past, the court found no likelihood of him fleeing from justice or influencing witnesses

It concluded that the veracity of "common intention" under Section 3(5) of the BNS was a matter for trial, and pretrial incarceration would cause undue social disrepute and hardship

The Court held that in the event of arrest, the applicant shall be released on furnishing a personal bond of Rs. 50,000/- with one solvent surety

The Court imposed several conditions: the applicant must cooperate with the investigation, refrain from committing similar offences, and must not induce or threaten witnesses

The order remains effective until the conclusion of the trial, subject to the applicant's compliance with these conditions