Grant of bail where injuries are non-life-threatening and the applicant has been acquitted of previous criminal antecedents.

The applicant, Sagar Verma, was arrested on November 21, 2025, in connection with Crime No. 384/2025 at P.S. Mandir Hasaud.

It is alleged that the applicant and co-accused Sourabh Verma assaulted the complainant, Toshan Sahu, and one Tilak Sahu with an iron chain and fists over a dispute.

While Tilak Sahu sustained simple injuries, Toshan Sahu sustained grievous injuries to the head and leg.

The applicant sought regular bail, arguing that a co-accused had already been granted bail and that his sole previous criminal record ended in acquittal.

The State opposed the bail, citing the nature of the injuries.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of injuries and the period of incarceration.

The court primarily applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant regular bail.

It also considered the substantive offenses defined under the Bhartiya Nyaya Sanhita (BNS), 2023, specifically Sections 296 (Obscene acts and songs), 115(2) (Voluntarily causing hurt), 351(2) (Criminal intimidation), and 3(5) (Joint liability).

The court implicitly relied on the principle of parity, noting the bail granted to a co-accused, and the judicial principle that pre-trial detention should not be punitive when the trial is expected to take significant time.

The Court balanced the gravity of the allegations against the procedural status of the case.

While acknowledging the State's argument regarding the "grievous" nature of Toshan Sahu's head and leg injuries, the Court noted from the medical report that these injuries were not "dangerous to life".

The Court observed that the investigation was largely complete as the charge sheet had already been filed.

Furthermore, the Court matched the facts against the applicant’s history, noting he has been in jail since November 2025 and that his only criminal antecedent resulted in an acquittal.

Given that a co-accused had already been released and the conclusion of the trial was likely to take time, the Court determined that further custody was unnecessary.

The applicant was ordered to be released on bail upon furnishing a personal bond with two sureties, subject to several conditions including regular attendance at trial, no seeking of unnecessary adjournments, and compliance with Sections 209, 269, and 351 of the BNSS.

The trial court was directed to treat any breach of these conditions as an abuse of the liberty of bail.