Bail denied where individual participation in mob assault resulted in grievous head injuries.

The applicant filed a first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest on 05.01.2026 in connection with Crime No. 04/2026

On 04.01.2026, following a road accident in Village Kokri, the applicant and other co-accused allegedly assaulted the complainant, Tikam Sahu, and one Vedprakash with an iron pipe, club, and fists

The applicant contended he was not named in the FIR, no recovery was made from him, and his role was limited to using hands and fists

The State opposed bail, citing medical evidence of a grievous head injury sustained by victim Ved Prakash and the prior rejection of a co-accused's bail

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the nature of the allegations and the medical evidence

The Court considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (substantively replacing Section 439 of the CrPC), regarding the discretionary power of the High Court to grant regular bail

It further applied the penal provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 109 (Punishment of abetment), 296 (Obscene acts and songs), 115(2) (Voluntarily causing hurt), 351(3) (Criminal intimidation), 3(5) (Common intention), 191(2) & 191(3) (Rioting), 324(1) (Mischief), and 112 (Abetment of offence)

The court also adhered to the principle of parity and judicial consistency regarding the rejection of bail for co-accused Digendra Sahu in MCRC No. 3160/2026

The Court evaluated the gravity of the offense and the specific role of the applicant. While the applicant claimed his name was omitted from the FIR and his actions were minor, the Court relied on the statements of the injured parties which directly implicated the applicant in the assault using fists and blunt objects

The Court placed significant weight on medical evidence, specifically a CT scan and query report confirming that victim Ved Prakash sustained grievous head injuries

Furthermore, the Court noted that the bail application of a co-accused, Digendra Sahu, had already been rejected on 08.04.2026, and found no grounds to deviate from that precedent given the nature of the collective assault

The bail application was rejected. However, the Court granted the trial court liberty to proceed and conclude the trial expeditiously and directed the office to communicate the order to the trial court for compliance