Facts
The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 81/2026, registered for offences under Sections 109, 115(2), 191(2), 191(3), 296 and 351(2) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 1The prosecution alleged that, during a dispute over cultivation of agricultural land, the applicants and co-accused assaulted Krishna Kumar Sahu and Aman Kumar with axes and lathis, causing injuries to their heads and vital parts.
Source reference: para. 2The applicants relied on the parties’ land dispute and counter-FIR, the absence of material showing life-threatening injuries, completion of the investigation and filing of the charge-sheet, their time in custody since 18 July 2026, and the likely delay in trial.
Source reference: para. 3The State opposed bail, citing the seriousness of the injuries and a criminal antecedent attributed to Akhilesh.
Source reference: para. 4Issues
Whether the applicants should be granted regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the circumstances of the case.
Source reference: paras. 1, 5–7Whether the nature of the injuries and Akhilesh’s stated criminal antecedent warranted refusal of bail.
Source reference: paras. 3–6Law Applied
The applications were considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the basis for the High Court’s consideration of regular bail.
Source reference: para. 1The Court assessed the case-specific circumstances, including the material concerning the injuries, the filing of the charge-sheet, the applicants’ period in custody, the anticipated duration of trial, and the fact that a co-accused had been granted anticipatory bail.
Source reference: paras. 6–7Reasoning
The Court noted that the case arose from a land dispute and that both sides had lodged FIRs.
Source reference: para. 6It found no document on record establishing that the injured persons had sustained life-threatening injuries and also considered that co-accused Bindu had been granted anticipatory bail by a coordinate Bench.
Source reference: para. 6Weighing these circumstances with the filing of the charge-sheet, the applicants’ custody since 18 July 2026, and the likelihood that trial would take further time, the Court concluded that bail was justified.
Source reference: para. 7Holding
The Court allowed both applications and directed that the applicants be released on bail upon furnishing personal bonds of ₹50,000 each to the satisfaction of the trial Court.
Bail was subject to conditions requiring them to be available for police interrogation when required, not to influence or dissuade persons acquainted with the case, and not to act prejudicially to a fair and expeditious trial.
Source reference: para. 8The Court clarified that its observations were confined to the bail applications and would not affect the trial Court’s independent determination of the case.
Source reference: para. 8Acts & Sections Cited
6 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20235
Original Court PDF
SITASHARANvsSTATE OF CHHATTISGARH
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