Bail granted to co-accused without specific assault allegations; denied to alleged knife assailant with undisclosed antecedents.

The petitioners—Kanhei Charan Mahala, Madan Mohan Sahoo, and Chandan Baskey @ Chandan Kumar Baskey—filed applications under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking bail in Jaleswar P.S. Case No. 216 of 2026, corresponding to C.T. Case No. 259 of 2026, pending before the JMFC, Jaleswar.

The prosecution alleged offences under Sections 117(2), 115(2), 118(2), 126(2), 296, 109(1), and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS), principally alleging an attempt to murder injured Haripada Manna by assaulting him with a knife.

The Court noted that the allegation of knife assault was specifically directed against Chandan Baskey, whereas no such allegation was made against Kanhei Charan Mahala and Madan Mohan Sahoo.

The injured had sustained one laceration injury on his neck, which the doctor opined could have been caused by a sharp object.

Chandan Baskey was also found to have three criminal antecedents, which had not been disclosed in his bail application.

Whether Kanhei Charan Mahala and Madan Mohan Sahoo should be released on bail under Section 483 of the BNSS when no specific allegation of knife assault was made against them.

Whether Chandan Baskey @ Chandan Kumar Baskey should be granted bail where the principal allegation of knife assault was directed against him and he had undisclosed criminal antecedents.

The Court applied Section 483 of the BNSS, which empowers the High Court to grant bail in appropriate cases.

It considered the nature and gravity of the allegations, the specific role attributed to each accused, the medical evidence concerning the injured person, and the criminal antecedents of the accused.

The Court also treated the non-disclosure of criminal antecedents in a bail application as a relevant adverse circumstance.

The alleged offences were those punishable under Sections 117(2), 115(2), 118(2), 126(2), 296, 109(1), and 3(5) of the BNS.

The Court distinguished the petitioners on the basis of their alleged individual roles.

Although the injured suffered a neck laceration capable of being caused by a sharp object, the specific allegation of assault with a knife was directed only against Chandan Baskey.

This allegation, coupled with his three undisclosed criminal antecedents, weighed against granting him bail.

In contrast, the absence of any specific allegation of knife assault against Kanhei Charan Mahala and Madan Mohan Sahoo justified treating them differently and granting them bail, subject to protective conditions intended to prevent interference with the injured person and witnesses.

The bail applications of Kanhei Charan Mahala and Madan Mohan Sahoo in BLAPL Nos. 5861 and 5862 of 2026 were allowed.

They were directed to be released on bail upon furnishing bonds of Rs. 50,000 each with one solvent surety for the like amount, to the satisfaction of the court concerned.

Their release was subject to conditions that they would not contact the injured person or his family members and would not threaten, influence, induce, or coerce any witness.

The applications were accordingly disposed of.