Bail Granted Despite Criminal Antecedents as Nature of Injuries Simple and Charge Sheet Filed

The applicant filed his first bail application following arrest in connection with Crime No. 120/2026 at Police Station Masturi, District Bilaspur

The prosecution alleged that on February 26, 2026, the applicant intercepted the complainant during a land dispute, demanded Rs. 1,00,000, and upon refusal, assaulted the complainant with a knife

The victim sustained simple injuries to his wrist, neck, chest, and back

The applicant had been in custody since February 26, 2026, and the charge sheet had already been filed

The State opposed bail, noting the applicant had three prior criminal antecedents

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the injuries and the filing of the charge sheet.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail (formerly Section 439 of the CrPC)

It considered the gravity of the offences charged under the Bharatiya Nyaya Sanhita (BNS), specifically Sections 118(1) (voluntarily causing hurt by dangerous weapons), 119(1) (grievous hurt), 296 (obscenity/abuse), and 351(3) (criminal intimidation)

The Court also referenced procedural safeguards under Section 269 of the BNS (failure to appear) and Section 84 of the BNSS (proclamation for person absconding) to ensure the applicant’s presence during trial

While acknowledging the prosecution's claim of an armed assault, the Court noted that the medical evidence indicated the victim received only "simple injuries"

The Court took significant note of the fact that the investigation was effectively complete as the charge sheet had been filed, and the applicant had already undergone a period of detention since February 26, 2026

Despite the State's mention of three criminal antecedents, the Court determined that the likelihood of the trial taking considerable time to conclude justified the grant of bail, provided strict conditions were imposed to prevent the abuse of liberty

The Court allowed the bail application and directed the release of Shankar Kumar Rathore upon furnishing a personal bond with two sureties