Grant of bail for assault with a weapon where injuries are grievous but not life-threatening.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

He was arrested on 20.11.2025 in connection with Crime No. 290/2025.

The prosecution alleged that on 25.10.2025, during a dispute with one Radheshyam Sahu, the applicant assaulted an intervener, Daneshwar Sahu, with his hands, fists, and a knife.

The victim sustained chest injuries and was referred to the District Hospital, Dhamtari.

The applicant contended he was falsely implicated and that the incident occurred due to grave and sudden provocation without intent to murder.

Whether the applicant is entitled to the grant of regular bail considering the nature of injuries sustained by the victim and the duration of the applicant's pretrial detention?

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.

The substantive charges were framed under Sections 296 (Obscene acts), 115(2) (Voluntarily causing hurt), 351(2) (Criminal intimidation), and 118(1) (Voluntarily causing grievous hurt by dangerous weapons) of the Bharatiya Nyaya Sanhita (BNS), 2023, along with Sections 25 and 27 of the Arms Act.

The court relied on the principle that bail may be granted when injuries, though grievous, are not "dangerous to life" and the trial is expected to take significant time.

The Court evaluated the gravity of the allegations against the medical evidence and the period of incarceration.

Although the State opposed bail on the grounds that the applicant used a knife to cause chest injuries, the Court noted the State's own submission that the injuries, while grievous in nature, were specifically classified as "not dangerous to life".

Taking into account that the applicant had been in custody since 20.11.2025 and that the conclusion of the trial would likely be delayed, the Court determined that further detention was not warranted.

The applicant was ordered to be released on furnishing a personal bond with two sureties, subject to several conditions: (i) no seeking of adjournments during evidence; (ii) mandatory presence at all trial dates; (iii) compliance with proclamations under Section 84 of BNSS to avoid proceedings under Section 209 BNS; and (iv) personal appearance for framing of charges and recording of statements under Section 351 of BNSS.