Bail granted for BNS offences where injuries are simple and charge-sheet is filed despite specific criminal antecedents.

The applicants filed their first bail application following their arrest on February 21, 2026.

The prosecution alleged that on February 20, 2026, a dispute arose when the complainant visited the house of Applicant No. 2. During the altercation, the applicants allegedly abused the complainant, and Applicant No. 1 stabbed him in the buttock with a knife.

Consequently, Crime No. 34/2026 was registered at Police Station Moudhapara for offenses under the Bhartiya Nyaya Sanhita (BNS).

The applicants contended they were falsely implicated and noted that the victim's injuries were simple in nature.

1. Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering the nature of the injuries and the period of incarceration.

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

The substantive charges were framed under Sections 296 (obscene acts), 115(2) (voluntarily causing hurt), 351(2) (criminal intimidation), 109 (offense against public tranquility), and 3(5) (joint liability) of the Bhartiya Nyaya Sanhita (BNS), 2023.

The court balanced the gravity of the offense against the medical evidence classifying the injury as "simple" and the procedural status of the case.

The Court evaluated the merits of the bail plea by observing that while the applicants had one criminal antecedent from 2025, those proceedings are still pending trial and do not automatically disqualify them from bail.

Centrally, the Court noted that the medical report categorized the victim's injuries as simple in nature.

Since the investigation was complete and the charge-sheet had already been filed, the Court determined that further custodial interrogation was unnecessary.

Given that the applicants had been in jail since February 21, 2026, and the trial was expected to be prolonged, the Court found that the liberty of the applicants outweighed continued detention.

The holding is contingent upon several conditions, including that the applicants shall not seek unnecessary adjournments, must appear personally for framing of charges and recording of statements, and must comply with procedures under Sections 269, 84, and 209 of the BNS/BNSS to ensure their presence during trial.