Bail granted to co-accused where specific overt acts of weapon use are attributed only to a juvenile.

The applicants (Lokesh Yadav, Akash Nishad, Dinesh Kumar Sahu, and Jhanendra Sahu) were arrested in connection with Crime No. 03/2026 for a clash during a village market (Madai) on January 6, 2026.

It was alleged that the applicants abused and assaulted the victim, Gaindlal Sahu, with hands and fists, while a juvenile co-accused, Krishna Sahu, inflicted serious knife injuries.

The applicants sought regular bail on the grounds that their names were not in the FIR, no weapon was recovered from them, and the main accused (the juvenile) had already been granted bail.

They have been in custody since January 8 and 9, 2026.

1. Whether the applicants are entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of their role compared to the main accused.

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

The case involved offences under Sections 296 (Obscene acts), 109(1) (Punishment of abetment), 190 (Every member of unlawful assembly guilty of offence committed in prosecution of common object), 191(1),(2),(3) (Rioting), and 3(5) (Joint liability/Common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023, along with Sections 25 and 27 of the Arms Act.

The principle of parity was implicitly considered, as the juvenile co-accused who inflicted the primary injury had already been granted bail.

The Court evaluated the gravity of the offence against the specific roles attributed to the applicants and noted that the prosecution’s primary allegation of "knife injuries" was directed solely at the juvenile co-accused, whereas the applicants were only alleged to have used "hand and fist".

The Court observed that the applicants’ names were omitting from the FIR and no incriminating articles or weapons were seized from their possession.

The Court reasoned that since the investigation was complete and the charge sheet had already been filed, the continued pretrial detention of the applicants—who are young and have no criminal antecedents—was not warranted.

The Court ordered the release of all four applicants on regular bail conditioned upon the execution of personal bonds with two sureties each, and strict compliance with conditions under the BNSS, including attending all court dates for framing charges and recording statements under Section 351 of BNSS.