Facts
The applicant filed his first bail application following his arrest on February 5, 2025, in connection with Crime No. 72/2025
Source reference: para 1, 3The prosecution alleged that on February 4, 2025, the applicant and co-accused persons abused and threatened the informant and his companions.
Source reference: para 2It was alleged that co-accused Wazid Khan handed a weapon to the applicant, while co-accused Vishnu Yadav and Chendari Yadav physically assaulted a witness, Sanjay Chakradhari
Source reference: para 2The applicant sought bail on the grounds that he did not personally assault the injured party, the Medical Legal Certificate (MLC) showed no external injuries, the victim was intoxicated, and the trial would be prolonged
Source reference: para 3The State opposed bail, citing the applicant's seven criminal antecedents
Source reference: para 4Issues
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), considering the nature of the allegations, his period of detention, and his criminal history
Source reference: para 1, 6Law Applied
The Court considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail
Source reference: para 1It assessed the gravity of offences under Sections 296 (Obscene acts and songs), 351(2) (Criminal intimidation), 115(2) (Voluntarily causing hurt) read with Section 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS), along with Sections 25 and 27 of the Arms Act
Source reference: para 1The Court applied the principle that bail may be granted if the injuries are simple in nature, the charge-sheet is filed, and further detention is unnecessary despite criminal antecedents
Source reference: para 6Reasoning
The Court balanced the gravity of the allegations against the objective medical evidence and procedural status of the case. While the applicant was allegedly part of an armed group that threatened the informant, the Court noted that the specific assault was attributed to co-accused Vishnu and Chendari Yadav, not the applicant
Source reference: para 3the MLC report confirmed that the injuries sustained by the victim were "simple in nature"
Source reference: para 6Regarding the applicant’s seven criminal antecedents, the Court observed that he had already been acquitted in two of those cases
Source reference: para 6Given that the applicant had been in custody since February 5, 2025, the charge-sheet had been filed, and the trial was likely to take significant time, the Court determined that continued incarceration was not warranted
Source reference: para 3, 6Holding
The High Court allowed the bail application and ordered the release of the applicant on a personal bond with two sureties
The Court answered the issue in the affirmative, holding that despite the criminal history, the nature of the injuries and the filing of the charge-sheet justified bail
Source reference: para 6The release is subject to strict conditions, including a prohibition on seeking unnecessary adjournments [para 8(i)], mandatory presence at trial [para 8(ii), (iv)], and the threat of proceedings under Section 209 of the BNS for misuse of liberty
Source reference: para 8(iii)Original Court PDF
SHEKHAR YADAV @ BHUNDAvsSTATE OF CHHATTISGARH
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