Bail granted where charge-sheet was filed, accused had no antecedents, and injuries arose from a sudden dispute.

The applicants were arrested in connection with Crime No. 275/2026 registered at Police Station Civil Lines Rampur, District Korba, for offences under Sections 296, 115(2), 351(3), 324(4), 109(1), 191(3) and 333 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The prosecution alleged that on 31 March 2026 at approximately 9:50 p.m., the complainant was abused and assaulted by the applicants and four other co-accused persons while proceeding home.

He sustained injuries to his head and knee; although an X-ray revealed no bony injury, the doctor opined that the injuries were serious in nature.

The State further alleged that the accused forcibly entered the complainant’s house and assaulted him with a wooden stick, which was seized from applicant Gaurav Shriwas.

Gaurav Shriwas filed a second regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), after his earlier application was withdrawn on 23 July 2026.

Manendra Srivas and Bhuvaneshwar Kumar Shrivas filed their first regular bail application under the same provision.

The applicants contended that the injuries were simple, the charge-sheet had been filed, they had remained in custody since 22 May 2026 and 4 August 2026 respectively, and they had no criminal antecedents.

1. Whether the applicants should be granted regular bail under Section 483 of the BNSS in relation to the offences registered under the BNS?

2. Whether the nature of the injuries, the alleged use of a wooden stick, and the prosecution’s allegations of forcible entry warranted rejection of bail despite filing of the charge-sheet and absence of criminal antecedents?

The Court applied Section 483 of the BNSS, which empowers the High Court or Court of Session to grant regular bail to a person accused of an offence and in custody.

The alleged offences were those prescribed under Sections 296, 115(2), 351(3), 324(4), 109(1), 191(3) and 333 of the BNS.

In exercising bail jurisdiction, the Court considered the relevant circumstances, including the nature of the allegations and injuries, filing of the charge-sheet, length of custody, possibility of a dispute arising in the heat of the moment, and the absence of criminal antecedents.

Bail was made subject to conditions protecting the fairness of the trial and preventing interference with witnesses.

The Court acknowledged the prosecution’s allegation that the applicants, along with co-accused persons, assaulted the complainant with a wooden club and that a weapon had been seized from Gaurav Shriwas.

However, it found that the incident arose out of a dispute and that the blow was inflicted in the heat of the moment.

The Court also took into account that the charge-sheet had been filed, the applicants had no criminal antecedents, and they had remained in custody for substantial periods.

Although the medical opinion described the injuries as serious, the X-ray showed no bony injury, and the applicants argued that the complainant had not required hospitalisation.

Balancing these circumstances against the prosecution’s objections, the Court concluded that continued detention was not necessary and that the applicants could be released subject to safeguards ensuring a fair and expeditious trial.

It directed that Gaurav Shriwas, Manendra Srivas and Bhuvaneshwar Kumar Shrivas be released on bail upon execution of a personal bond of Rs. 50,000 each, with one surety for the like amount, to the satisfaction of the concerned trial Court.

The applicants were directed not to induce, threaten or promise any person acquainted with the facts of the case; not to prejudice a fair and expeditious trial; and to appear before the trial Court on every date fixed until conclusion of the trial.

A certified copy of the order was directed to be transmitted to the trial Court for compliance.