Grant of bail where primary weapon allegations are attributed to co-accused and role of applicant is limited to blunt force assault.

The applicant, Wasim Khan, sought regular bail following his arrest on December 9, 2025, in connection with Crime No. 252/2025

According to the prosecution, on December 7, 2025, a group of individuals, including the applicant and co-accused Sahil Khan, engaged in a quarrel with the complainant at a highway dhaba

It is alleged that Sahil Khan inflicted knife blows on the complainant’s abdomen and back, while the applicant, Wasim Khan, assaulted him with a stick taken from a vehicle

Further, it was alleged that when a witness (Abdul Haseem) intervened and fled, both Sahil and Wasim chased him; Sahil stabbed the witness with a knife while Wasim assaulted him with a stick

The applicant was charged under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita (BNSS), 2023, considering the nature of his involvement and the period of incarceration

The court's decision was governed by Section 483 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, which provides the High Court power to grant bail

Sections 109 (Punishment of abetment) and 3(5) (Joint liability/Common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023

Procedural compliance during bail was linked to Sections 269 (Non-attendance in obedience to an order from public servant), 84 (Proclamation for person absconding), 209 (Failure to appear in court), and 351 (Examination of accused) of the BNS/BNSS framework

The Court analyzed the specific role attributed to the applicant in comparison to the co-accused. It noted that the "principal allegation" of causing grievous injuries by means of a knife was attributed to the co-accused, whereas the applicant’s role was limited to assaulting the victims with a "blunt object" (a stick)

The Court observed that one injured person sustained grievous injuries from the knife, while the other sustained simple injuries, making the applicant's role "comparatively limited in nature and distinguishable"

Additionally, the Court took into account that the applicant had no previous criminal antecedents and had been in custody since December 9, 2025. Since the trial was expected to take time, the Court found the applicant fit for release on bail

The High Court allowed the bail application and directed the release of Wasim Khan on a personal bond with two sureties. The release was made subject to strict conditions, including mandatory appearance at trial, no seeking of unnecessary adjournments, and compliance with Section 351 of the BNSS regarding the recording of statements