Bail Denied Despite No Weapon Recovery Where Applicant Actively Restrained the Deceased During the Fatal Attack.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act.

The prosecution alleged that the applicant and two co-accused attacked Yogesh Vishwakarma; while one co-accused inflicted knife injuries, the applicant and another co-accused held the deceased.

The deceased later died of his injuries.

The applicant submitted that he had no criminal antecedents, no weapon was recovered from him, the charge-sheet had been filed, and he had been in custody since 10 November 2025.

This was his second bail application.

Whether the applicant should be released on regular bail under Section 483 of the BNSS, given his alleged role in the fatal assault and the circumstances of the offence.

Whether the absence of a recovery from the applicant, his lack of criminal antecedents, completion of the investigation, and period of custody warranted bail despite the prosecution allegations.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, governed the application for regular bail.

The Court considered the alleged offences under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act, alongside the applicant’s alleged participation and the circumstances of the crime.

The order cites no separate precedent or further legal test.

The Court found that the applicant had an active alleged role in the assault because he and a co-accused allegedly restrained the deceased while the principal assailant inflicted multiple knife injuries to vital parts of his body.

It also noted that the incident was witnessed by the deceased’s wife and another eyewitness.

Although the weapon was recovered from the principal co-accused and not the applicant, the Court considered the applicant’s alleged participation and the manner of the attack sufficient to refuse bail.