Chhattisgarh HC Grants Bail To Accused Not Named In FIR, With No Specific Allegation He Drove Vehicle Or Assaulted Two Men

The prosecution alleged that, following a vehicle collision and an old dispute, the applicant and other accused assaulted Aditya Mahant and Ravi Gandharv with sticks and threatened them.

The applicant was arrested in connection with Crime No. 969 of 2026, registered for offences under Sections 281, 296, 125(A), 115(2), 351(3), 191(2), 191(3), 331(2) and 109 of the Bharatiya Nyaya Sanhita, 2023, and Sections 25 and 27 of the Arms Act.

Seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant argued that he was not named in the complaint or FIR, had no specific role in driving the vehicle or assaulting the injured, had been in custody since 2 July 2026, and that the charge-sheet had been filed.

The State opposed bail, relying on the alleged seizure of a brick from the applicant and the reported seriousness of the injuries.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the High Court to grant bail.

In exercising that discretion, the Court considered the nature and gravity of the alleged offences, the applicant’s specific role, whether he was named in the complaint or FIR, the progress of the investigation, the period of custody, and the likely time required for trial.

The order cites no judicial precedents.

The Court weighed the State’s allegations—including the alleged recovery of a brick and the seriousness of the injuries—against the fact that the applicant was not named in the written complaint or FIR and that no specific allegation identified him as the driver or as an assailant.

It also considered that the charge-sheet had been filed, the applicant had been in custody since 2 July 2026, and the trial was likely to take time. On those circumstances, the Court concluded that continued detention was not warranted pending trial.

Bail was subject to conditions prohibiting interference with witnesses or the fair and expeditious trial, and requiring the applicant to attend each hearing until the trial concludes.