Chhattisgarh High Court

Grant of bail for simple injuries under BNS where investigation is complete and charge-sheet is filed.

AJAY LODHI @ GHANSHYAM PATEL vs THE STATE OF CHHATTISGARH

Chhattisgarh High CourtJUDGMENT: April 27, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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, 3

On 11.01.2026, a confrontation occurred when the complainant, Durgesh Lodhi, questioned Applicant No. 1 regarding his presence late at night.

Source reference: para. 2

It is alleged that Applicant No. 1 assaulted the complainant with a sharp weapon, while Applicant No. 2 used a stick.

Source reference: para. 2

The police registered Crime No. 6/2026 at P.S. Tankhamhariya under various sections of the Bharatiya Nyaya Sanhita (BNS), 2023.

Source reference: para. 1

A charge-sheet has since been filed.

Source reference: para. 2
02

Issues

1. Whether the applicants are entitled to regular bail considering the nature of the injuries and their period of incarceration.

Source reference: para. 6
03

Law Applied

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for the grant of regular bail.

Source reference: para. 1

Sections 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. 1-2

General 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, 6
04

Reasoning

The Court assessed the facts and circumstances alongside the nature and gravity of the allegations.

Source reference: para. 6

Key to the court’s reasoning was the NCCT medical report, which classified the complainant's injuries as "simple in nature".

Source reference: para. 4, 6

Although 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. 4

Since 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, 6
05

Holding

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. 7
Chhattisgarh High Court

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AJAY LODHI @ GHANSHYAM PATELvsTHE STATE OF CHHATTISGARH

Chhattisgarh High Court · April 27, 2026

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