Facts
The applicants sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case registered for offences under Sections 296, 351(3), 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act.
Source reference: para. 1The prosecution alleged that applicant No. 1 arranged and participated in an assault on the complainant, who sustained multiple fractures to his leg; the complainant also alleged that a pistol was put to his head.
Source reference: para. 2The applicants disputed the allegations, submitted that only a toy gun had been seized, and relied on a co-accused’s bail and the expected length of trial.
Source reference: para. 3The State opposed bail, citing the injury evidence and applicant No. 1’s criminal antecedents; applicant No. 2 had one antecedent.
Source reference: para. 4This was the applicants’ second bail application.
Source reference: para. 1Issues
Whether applicant No. 1, Rajjak Ali, should be released on regular bail in light of the alleged planned assault, the injuries, and his criminal antecedents.
Source reference: paras. 7–8Whether applicant No. 2, Amit Choudhari, should be released on regular bail, having regard to his custody, the filing of the charge-sheet, and his criminal antecedent.
Source reference: para. 9Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to consider an application for regular bail.
Source reference: para. 1The Court assessed the applications by reference to the circumstances of the alleged offence, the nature of the allegations, the injury evidence, custody and charge-sheet status, and the applicants’ criminal antecedents.
Source reference: paras. 7–9No precedent was cited.
Source reference: no citationReasoning
The Court considered the prosecution’s account against applicant No. 1 to indicate a planned and intentional assault: he allegedly took the complainant to the petrol pump, summoned armed associates, directed the assault, and participated in it, resulting in multiple fractures.
Source reference: para. 7In light of the alleged manner of commission and applicant No. 1’s antecedents, the Court declined bail.
Source reference: para. 8As to applicant No. 2, the Court relied on his custody since 15 June 2026, the filing of the charge-sheet, and the existence of only one criminal antecedent, and granted bail without expressing an opinion on the merits.
Source reference: para. 9Holding
The Court dismissed applicant No. 1’s bail application and allowed applicant No. 2’s application.
Applicant No. 2 was ordered released on a bond of ₹25,000 with one surety for the like sum, subject to conditions concerning attendance, adjournments, and personal appearance at specified trial stages.
Source reference: para. 10A certified copy was directed to be sent to the trial court.
Source reference: para. 11Acts & Sections Cited
12 provisions across 3 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20233
Bharatiya Nyaya Sanhita, 20237
Arms Act, 19592
Original Court PDF
RAJJAK ALIvsSTATE OF CHHATTISGARH
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