Facts
The Applicant filed his first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following his arrest on November 4, 2024
Source reference: p. 1-2The prosecution alleged that the Applicant engaged in a dispute with the complainant over liquor money, subsequently assaulting the complainant with a weapon and fists and using "filthy language"
Source reference: p. 1-2The complainant sustained simple injuries
Source reference: p. 2The Applicant contended that he was falsely implicated based on a memorandum statement, that no incriminating articles were seized, and that his three prior criminal antecedents had been disposed of
Source reference: p. 2The State opposed the bail, noting the filing of the charge-sheet and the Applicant's criminal history
Source reference: p. 2Issues
1. Whether the Applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, considering the nature of the injuries and the current stage of proceedings
Source reference: p. 2-3Law Applied
Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail
Source reference: p. 1Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 119(1) (voluntarily causing hurt), 296 (obscenity), 351(2) (criminal intimidation), 115(2) (voluntarily causing hurt), and 118(1) (voluntarily causing grievous hurt by dangerous weapons), as well as Sections 25 and 27 of the Arms Act
Source reference: p. 1-2The court considered the principle that the completion of the investigation (filing of charge-sheet) and the nature of injuries (simple) are significant factors in exercising judicial discretion for bail
Source reference: p. 3Reasoning
the Court evaluated the circumstances, noting that while the allegations involved an assault with a weapon, the medical evidence indicated the complainant sustained only "simple injuries"
Source reference: p. 3The Court found merit in the Applicant's argument that the investigation was complete, evidenced by the fact that the charge-sheet had already been filed
Source reference: p. 3Regarding the Applicant's criminal history, the Court accepted the explanation provided in the covering memo stating the three previous cases were disposed of
Source reference: p. 3Balancing the period of incarceration (since November 4, 2024) against the material available on record, the Court determined that continued detention was not warranted provided stringent conditions were imposed to ensure the Applicant's presence during trial
Source reference: p. 3-4Holding
The Court allowed the bail application and ordered the release of the Applicant upon furnishing a personal bond with two sureties
The holding was conditioned upon the Applicant’s mandatory appearance for case opening, framing of charges, and recording of statements under Section 351 of the BNSS, with a warning that failure to comply would result in proceedings under Sections 209 and 269 of the BNS
Source reference: p. 3-4Original Court PDF
SHEIKH FARUKHvsSTATE OF CHHATTISGARH
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