BAIL GRANTED: Applicant implicated but injured party's testimony did not confirm involvement.

The applicant, Krishna Gaikwad, was arrested in connection with Crime No. 462/2025, registered at Police Station – Supela, District – Durg (C.G.), for an offence punishable under Section 109(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The prosecution alleges that on April 25, 2025, at approximately 7:00 pm, the complainant, Dillip Jadhav, encountered the applicant who refused to return borrowed money.

The applicant then allegedly abused the complainant, took out a thermocol cutter, and stabbed him in the neck.

When the complainant tried to defend himself, he sustained injuries to his left shoulder, left arm, left side of the head, and below the knee.

A crime was registered based on the complainant's report on April 26, 2025.

The applicant has been in judicial custody since April 26, 2025.

A charge-sheet has been filed, and out of 16 prosecution witnesses, 9 have been examined.

The injured party has not disclosed the applicant's involvement in the crime in question.

Whether the applicant, Krishna Gaikwad, should be granted regular bail given the circumstances of the case, the status of the trial, and the applicant's period of incarceration.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which governs the grant of regular bail.

The decision also implicitly considers the general principles for granting bail, such as the nature and gravity of the allegation, the stage of the trial, the likelihood of delay in its conclusion, and the absence of clear statements from key witnesses, as these factors were explicitly weighed in the reasoning.

The court considered the facts and circumstances, including the nature and gravity of the allegations, particularly that the applicant allegedly assaulted the injured with a thermocol cutter.

However, the court found it significant that although a charge-sheet has been filed and 9 out of 16 prosecution witnesses have been examined, the injured party has not disclosed the applicant's involvement in the crime.

The court also noted that the applicant has been in jail since April 26, 2025, and acknowledged that the conclusion of the trial is likely to take a considerable amount of time.

These factors collectively led the court to believe that continuing incarceration was not justified at this stage, especially given the lack of direct implication by the injured and the slow pace of the trial.

The applicant is to be released on furnishing a personal bond with two sureties in the like sum to the satisfaction of the concerned court, subject to several conditions.

These conditions include filing an undertaking not to seek adjournments during evidence when witnesses are present, remaining present before the trial court on each fixed date, and attending specific proceedings like opening of the case, framing of charge, and recording of statement under Section 351 of BNSS.

The court's order indicates that these conditions are aimed at preventing abuse of liberty of bail and ensuring timely progress of the trial.