Grant of bail where no specific overt act is attributed to the applicant and charge-sheet is filed.

The applicant, Bhupendra Dheewar, filed a first bail application following his arrest on February 12, 2026, in connection with Crime No. 98/2026.

The prosecution alleged that during a wedding procession on February 10, 2026, a dispute arose regarding firecrackers, during which a co-accused (a minor) allegedly used abusive language and assaulted the complainant’s son with a knife.

The victim was hospitalized from February 11 to February 13, 2026.

The applicant was charged under Sections 296, 351(3), 115(2), 109, and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Sections 25 and 27 of the Arms Act, 1959.

The applicant contended he was merely a relative attempting to pacify the situation and that no specific assault was attributed to him.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of allegations and duration of incarceration.

The Court considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding the grant of regular bail.

The court applied the principle that bail may be granted where no specific overt act or injury is attributed to the accused.

Procedural requirements for ensuring the presence of the accused during trial as per Section 269 of the BNS (regarding non-attendance), and Sections 84 (proclamation for person absconding), 209 (non-appearance), and 351 (recording of statement) of the BNSS.

The Court analyzed the facts and found that while the applicant was present at the scene, the specific act of causing injury with a knife was attributed to the minor co-accused, not the applicant.

The Court noted that the applicant has no prior criminal antecedents and has been in judicial custody since February 12, 2026.

Since the investigation was complete and the charge-sheet had already been filed, the Court reasoned that continued incarceration was unnecessary, especially as the trial was expected to take considerable time.

The Court balanced the gravity of the allegations against the applicant’s role and personal circumstances as a young, sole earning member of his family.

The Court allowed the bail application and ordered the release of the applicant on personal bond with two local sureties.

The grant of bail was made subject to strict conditions, including an undertaking not to seek adjournments, a requirement to appear on all fixed dates, and a warning that any misuse of liberty would result in proceedings under Sections 209 of the BNS and 84 of the BNSS.