Facts
The applicants filed a First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, seeking regular bail following their arrest on 16.01.2026.
Source reference: para. 1, 3On 11.01.2026, a confrontation occurred when the complainant, Durgesh Lodhi, questioned Applicant No. 1 regarding his presence late at night.
Source reference: para. 2It is alleged that Applicant No. 1 assaulted the complainant with a sharp weapon, while Applicant No. 2 used a stick.
Source reference: para. 2The police registered Crime No. 6/2026 at P.S. Tankhamhariya under various sections of the Bharatiya Nyaya Sanhita (BNS), 2023.
Source reference: para. 1A charge-sheet has since been filed.
Source reference: para. 2Issues
1. Whether the applicants are entitled to regular bail considering the nature of the injuries and their period of incarceration.
Source reference: para. 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for the grant of regular bail.
Source reference: para. 1Sections 296 (Obscene acts and songs), 115(2) (Voluntarily causing hurt), 351(3) (Criminal intimidation), 118(1) (Voluntarily causing hurt by dangerous weapons), 109(1) (Abetment), and 3(5) (Joint liability) of the Bharatiya Nyaya Sanhita (BNS), 2023.
Source reference: para. 1-2General principles of criminal jurisprudence regarding the severity of injuries and the "simple" nature of wounds as verified by medical reports (NCCT report).
Source reference: para. 4, 6Reasoning
The Court assessed the facts and circumstances alongside the nature and gravity of the allegations.
Source reference: para. 6Key to the court’s reasoning was the NCCT medical report, which classified the complainant's injuries as "simple in nature".
Source reference: para. 4, 6Although the State noted that Applicant No. 1 had two prior criminal antecedents and Applicant No. 2 had one, it was observed that those cases were already disposed of.
Source reference: para. 4Since the charge-sheet had already been filed, the applicants had been in custody since 16.01.2026, and the trial was expected to take a significant amount of time to conclude, the Court found it fit to exercise its discretion in favor of the applicants.
Source reference: para. 3, 6Holding
The Court allowed the bail application and ordered the release of Ajay Lodhi and Rahul Pandey on bail upon furnishing a personal bond with two sureties.
The holding was conditioned upon the applicants' regular appearance before the trial court and a prohibition against seeking unnecessary adjournments; any default in these conditions, or failure to appear as required under Sections 269 or 209 of the BNS, would result in the revocation of bail liberties.
Source reference: para. 7Original Court PDF
AJAY LODHI @ GHANSHYAM PATELvsTHE STATE OF CHHATTISGARH
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