### Grant of Anticipatory Bail Where Specific Allegations Involve Only Simple Injuries and Omnibus Allegations SUMMARY Facts: The applicants sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for offences including Sections 296(B), 115(2), 118(1), 324(4), 351(3), and 3(5) of the BNS. Applicant No. 1 (Teja Banjara) withdrew his application to seek regular bail. Regarding Applicant No. 2 (Jashrat Singh Banjara), the prosecution alleged he was part of a group that assaulted the complainants following a dispute. Specifically, while co-accused were alleged to have caused head injuries and fractures, the allegations against Jashrat Singh were limited to causing simple injuries and general "omnibus" participation. Issue: Whether Applicant No. 2 is entitled to anticipatory bail when the specific roles attributed to him involve only minor injuries and lacks the severity of the principal accused's actions. Ruling: The High Court granted anticipatory bail to Applicant No. 2. The Court observed that the allegations against him were omnibus in nature and pertained to simple injuries. Distinguishing his role from the co-accused who caused grievous hurt (Section 118(2) BNS), and noting his status as a permanent resident willing to cooperate with the investigation, the Court held that custodial interrogation was not necessitated. The bail was granted subject to a personal bond of ₹50,000 and standard conditions of cooperation and non-interference with witnesses.

The applicants sought anticipatory bail following the registration of Crime No. 05/2026 at Police Station Madhusudangarh, Guna.

The prosecution alleged that on January 7, 2026, a dispute arose when the aunt of the accused argued with the complainants.

Subsequently, Teja Banjara (Applicant No. 1), Nihal, and Jashrat Singh Banjara (Applicant No. 2) arrived, abused the complainants, and damaged a motorcycle.

While co-accused Nihal allegedly caused grievous head injuries to victims Amar Singh and Fullibai using wooden sticks, the specific allegations against Applicant No. 2 were limited to causing simple injuries to Laxmibai and Ravi.

Applicant No. 1 withdrew his application during the hearing to surrender and seek regular bail.

1. Whether Applicant No. 2, Jashrat Singh Banjara, is entitled to the benefit of anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) given the nature of the allegations and medical evidence.

The Court applied Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the grant of bail to persons apprehending arrest (formerly Section 438 of the CrPC).

It considered the classifications of offences under the Bharatiya Nyaya Sanhita (BNS), specifically Section 118(2) (voluntarily causing grievous hurt by dangerous weapons or means), Section 115(2) (punishment for voluntarily causing hurt), and Section 3(5) (joint liability).

The court also adhered to the principle that bail is the rule and jail is the exception in cases involving omnibus allegations and simple injuries.

The Court analyzed the specific role attributed to Applicant No. 2 in comparison to the co-accused.

It noted that the FIR was initially registered for bailable offences and Section 118(2) BNS was added later due to fractures sustained by one victim, which were attributed to the co-accused.

The Court observed that the allegations against Applicant No. 2 were "omnibus and minor in nature," involving simple injuries without the use of specialized weapons.

Furthermore, the Court evaluated the applicant's status as a permanent resident of Guna and his undertaking to cooperate with the investigation, concluding there was no significant risk of absconding or evidence tampering.

Regarding Applicant No. 2, the Court granted anticipatory bail, directing that in the event of arrest, he be released on a personal bond of Rs. 50,000/- with one solvent surety.

The grant was made subject to conditions including cooperation with the investigation, non-interference with witnesses, and a prohibition on leaving India without permission.