Facts
The applicant, a 60-year-old man, was arrested on December 25, 2025, in connection with an incident occurring on December 23, 2025
Source reference: para. 1, 3The prosecution alleged that the applicant inflicted a cut injury on the cheek of the injured, Suraj, using a weapon described as a "scapula"
Source reference: para. 2The defense contended that the injury was accidental; specifically, that the applicant caught the injured and another individual stealing paddy from his home and threw a brick intended for his son, which mistakenly struck Suraj
Source reference: para. 3The applicant was charged under Section 109(1) of the Bhartiya Nyaya Sanhita (BNS), 2023
Source reference: para. 1Following the completion of the investigation, a charge-sheet was filed
Source reference: para. 4Issues
Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on his age, duration of custody, and the progress of the trial
Source reference: para. 1, 6Law Applied
The court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides the High Court with discretionary power to grant regular bail to an accused in custody
Source reference: para. 1It also considered the substantive provisions of Section 109(1) of the Bhartiya Nyaya Sanhita (BNS), 2023, regarding the attempt to commit murder
Source reference: para. 2The court relied on general principles of bail jurisprudence, which balance the nature and gravity of the offense against the personal circumstances of the accused, such as age, criminal antecedents, and the likelihood of the trial's conclusion
Source reference: para. 6Reasoning
The court balanced the gravity of the allegations against the specific circumstances of the applicant.
Source reference: para. 6It noted that the applicant is 60 years old and has been incarcerated since December 25, 2025
Source reference: para. 3, 6A critical factor in the court's reasoning was the state's admission that the charge-sheet had already been filed and that the applicant had no previous criminal record
Source reference: para. 4, 6The court further observed that the trial was likely to take significant time to conclude
Source reference: para. 6By linking the applicant’s advanced age, the completion of the investigation (filing of the charge-sheet), and the duration of his current detention, the court determined that the applicant met the criteria for release without compromising the trial process
Source reference: para. 6Holding
The court granted the first bail application, holding that the applicant is entitled to be released on bail
It directed the applicant's release upon furnishing a personal bond with two sureties
Source reference: para. 7The court imposed several conditions to ensure the integrity of the trial, including: (i) a prohibition on seeking unnecessary adjournments; (ii) mandatory presence on all trial dates under penalty of Section 269 of the BNS; (iii) potential initiation of proceedings under Section 209 of the BNS for misuse of liberty; and (iv) mandatory personal appearance for the framing of charges and recording of statements under Section 351 of the BNSS
Source reference: para. 7(i), 7(ii), 7(iii), 7(iv)Original Court PDF
PIYAR SAIvsSTATE OF CHHATTISGARH
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