Grant of bail where applicant only allegedly used hands and fists while co-accused used a weapon.

The applicant, Vikas Sahu, filed his first bail application following his arrest on December 27, 2025, in connection with Crime No. 648/2025.

The prosecution alleged that a dispute arose regarding a demand for money for liquor, leading the accused persons to assault the complainant.

While the applicant was alleged to have used hands and fists, co-accused Riyaz Khan allegedly used a knife to inflict injuries.

A charge sheet was subsequently filed before the competent court.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of his involvement and the duration of his detention.

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

The applicant was charged under Sections 296 (Obscene acts and songs), 351(2) (Criminal intimidation), 115(2) (Voluntarily causing hurt), 3(5) (Joint liability), 118(1) (Voluntarily causing hurt by dangerous weapons), and 119(1) (Grievous hurt) of the Bharatiya Nyaya Sanhita (BNS), along with Sections 25 and 27 of the Arms Act.

The court also referenced Sections 269, 84, and 209 of the BNSS and BNS regarding appearance and breach of bail conditions.

The Court observed that the applicant’s name surfaced primarily through the memorandum statement of a co-accused.

It noted a distinction in the roles played: while the applicant allegedly used only "hands and fists," it was the co-accused who utilized a knife to cause the actual physical injuries.

The Court took into account that the applicant had been in custody since December 27, 2025, the charge sheet had already been filed, and the trial was expected to take considerable time to conclude.

Based on these factors—minor role, completed investigation, and prolonged trial duration—the Court determined that continued detention was unnecessary.

The holding is subject to strict conditions, including mandatory attendance on fixed trial dates, a prohibition on seeking unnecessary adjournments, and the potential for proceedings under Section 269 BNS or Section 84 BNSS in instances of default or absconding.