Bail granted where medical evidence fails to attribute injuries to the weapon recovered from the applicant.

The complainant, Prakash Rajput, alleged that on December 3, 2025, he was intercepted by the applicant and co-accused persons who demanded ₹10,000

Upon refusal, they allegedly snatched his mobile phone, assaulted him with hands, sticks, and a knife, and wrongfully confined him overnight

Consequently, Crime No. 742/2025 was registered under Sections 119(1), 351(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS) and Sections 25 and 27 of the Arms Act

The applicant was arrested on December 9, 2025

During the investigation, a wooden stick (danda) was seized from the applicant, while a knife was seized from the co-accused, Lokesh Yadav

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, given the specific nature of his role and the medical evidence

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant regular bail

It also considered the penal provisions of the Bharatiya Nyaya Sanhita (BNS), specifically Sections 119(1) (punishment for hurt), 351(2) (criminal intimidation), and 3(5) (acts done by several persons in furtherance of common intention), alongside Sections 25 and 27 of the Arms Act

The Court distinguished the role of the applicant from that of the co-accused, Lokesh Yadav. It observed that while the injuries to the victim were caused by a sharp-edged weapon (knife) seized from Lokesh Yadav, the weapon recovered from the applicant was a wooden stick

Significantly, the Medical Legal Certificate (MLC) report did not disclose any injuries attributable to a wooden stick

Regarding the applicant’s criminal history, the Court noted three antecedents: an acquittal in a 2022 case and two pending cases from 2023 and 2024

Given that the charge-sheet had already been filed and the trial was likely to be protracted, the Court determined that the applicant’s continued detention was not warranted

The bail is subject to several conditions: (i) the applicant must not seek adjournments during evidence; (ii) he must appear on all trial dates; and (iii) he must specifically remain present for the opening of the case, framing of charges, and recording of his statement under Section 351 of the BNSS

Default in these conditions authorizes the trial court to treat such actions as an abuse of liberty and proceed under Sections 269 and 209 of the BNS