Filing of charge-sheet and distinguishable role from co-accused warrant grant of regular bail.

The applicant, Manish Das, aged 19, was arrested in connection with Crime No. 09/2026 for allegedly assaulting a complainant and his nephew with stones and a knife.

The prosecution alleged the applicant attempted to kill the nephew by stabbing him below the left shoulder.

The applicant sought regular bail, contending he was falsely implicated, had no motive, and was present at a temple during the incident.

He has been in judicial custody since January 6, 2026.

The State opposed the bail, noting that while the charge-sheet had been filed, the applicant possessed one previous criminal antecedent.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of his period of incarceration and the filing of the charge-sheet.

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

The underlying offenses were registered under the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 351(3) (criminal intimidation), 115(2) (voluntarily causing hurt), 109(1) (attempt to murder), 190, 191(2), 191(3) (unlawful assembly and rioting), and 3(5) (joint liability), alongside Sections 25 and 27 of the Arms Act.

The court also referenced procedural consequences for bail default under Sections 209 and 269 of the BNS.

The Court balanced the gravity of the allegations against the applicant's right to liberty during the trial.

It noted that the investigation was effectively complete as the charge-sheet had already been filed.

Despite the State’s objection regarding a prior criminal record, the Court observed that the applicant’s role was distinguishable from that of the co-accused.

Considering the applicant’s youth (19 years) and his continuous detention since early January 2026, the Court determined that prolonged incarceration would be improper, especially as the trial was expected to take considerable time to conclude.

The relief is subject to specific conditions: the applicant must not seek adjournments when witnesses are present, must appear personally for the framing of charges and recording of statements under Section 351 of the BNSS, and must comply with all trial dates to avoid proceedings under Sections 209 or 269 of the BNS.