Facts
The three applicants filed their first bail application following their arrest on 28.12.2025 in connection with Crime No. 652/2025
Source reference: p. 2-3The prosecution alleged that on 25.12.2025, due to a prior dispute, the applicants attacked a victim named Nandu with sharp objects, causing injuries to his thighs and hips
Source reference: p. 2Additionally, the applicants allegedly vandalized a Bolero vehicle belonging to the victim’s relatives, causing damages of approximately ₹50,000
Source reference: p. 2-3The police registered an FIR under Sections 296, 109, 324(4), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023
Source reference: p. 2The charge-sheet has since been filed
Source reference: p. 3Issues
1. Whether the applicants are entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of injuries and their period of incarceration.
Source reference: p. 2-4Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail
Source reference: p. 2The substantive charges were governed by the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Section 296 (obscenity/abuse), Section 109 (attempt to murder), Section 324(4) (mischief causing damage), and Section 3(5) (common intention)
Source reference: p. 2The court also referenced procedural compliance measures under Sections 269, 84, 209, and 351 of the BNSS to ensure the applicants' presence during trial
Source reference: p. 4-5Reasoning
The Court evaluated the application by weighing the gravity of the allegations against the lack of criminal history of the applicants
Source reference: p. 3-4It noted the State counsel's submission that the injuries sustained by the victim were "simple in nature"
Source reference: p. 3The Court observed that since the charge-sheet had already been filed and the applicants had been in custody since 28.12.2025, further detention was unnecessary as the trial was expected to take a considerable amount of time
Source reference: p. 4The Court determined that the applicants did not pose a significant risk of absconding or tampering with evidence, provided strict conditions for court attendance were imposed
Source reference: p. 4Holding
The High Court allowed the bail application and ordered the release of S. Poles, S. Aditya alias Bangaru, and S. Abhishek alias Abhi
The applicants were granted bail upon furnishing a personal bond with two sureties, subject to conditions: they must not seek unnecessary adjournments, must remain present for all trial dates (specifically for framing of charges and recording of statements), and are warned that failure to appear will result in proceedings under Sections 269 and 209 of the BNS and Section 84 of the BNSS
Source reference: p. 4-5Original Court PDF
S. POLESvsSTATE OF CHHATTISGARH
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