Chhattisgarh HC Grants Anticipatory Bail To Brother Accused Of Fist Blows, Denies It To Brother Accused Of Stone Attack Allegedly Causing Grievous Head Injury

In brief

The question

1. Whether applicant No. 1, against whom the allegation was of assault by hand and fist, should be granted anticipatory bail.

The court held

The Court dismissed applicant No. 2’s application and allowed applicant No. 1’s application.

It also directed

If arrested in connection with the crime, applicant No. 1 is to be released on anticipatory bail on executing a personal bond of ₹25,000 with one surety in the like amount, subject to conditions including availability for interrogation, non-interference with witnesses or the investigation, conduct consistent with a fair and expeditious trial, and appearance on each date before the trial court.

The Registry was directed to send a certified copy to the trial court for information and compliance.

01Facts

The applicants sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 419/2026, registered for offences under Sections 115(2), 296, 351(3), 109(1), 192(2), 140(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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Their earlier application had been withdrawn with liberty to file a better application.

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The prosecution alleged that, following an argument at a liquor shop, co-accused Tulshiram Chauhan called the applicants, and the complainant was taken towards a railway line and assaulted.

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The State attributed a stone blow to applicant No. 2, causing a grievous head injury, and blows by hand and fist to applicant No. 1.

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The applicants maintained that they were falsely implicated and that the incident arose suddenly from the argument.

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02Issues

i.1. Whether applicant No. 1, against whom the allegation was of assault by hand and fist, should be granted anticipatory bail.

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ii.2. Whether applicant No. 2, against whom the allegation was of striking the complainant with a stone and causing a grievous head injury, should be granted anticipatory bail.

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03Law Applied

The application was considered under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for anticipatory bail.

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The Court assessed the nature of the allegations and the alleged roles of the two applicants in deciding whether to grant relief.

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The offences alleged were under Sections 115(2), 296, 351(3), 109(1), 192(2), 140(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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The order cites no precedent or further legal test.

Provisions in the judgment · 8 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482

Bharatiya Nyaya Sanhita, 2023 Section 115 Section 296 Section 351 Section 109 Section 192 Section 140 Section 3

04Reasoning

The Court distinguished the applicants by the alleged manner and consequence of their conduct.

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It considered the allegation that applicant No. 2 struck the complainant with a stone, causing a grievous head injury, sufficient to decline anticipatory bail.

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By contrast, the allegation against applicant No. 1 was limited to assault by hand and fist; having regard to that allegation, the Court granted him relief without expressing any view on the merits.

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