Grant of regular bail where specific overt acts of assault are attributed only to co-accused.

The applicant, Rishabh Tiwari, sought regular bail following his arrest on 14.01.2026 in connection with Crime No. 35/2026

The prosecution alleged that on the night of 08.01.2026/09.01.2026, the applicant and co-accused persons intercepted the complainant, Hrithik Prasad Gupta, and his friend, Rishabh Raj, near Saket Nagar, Kohka

While the applicant was allegedly present and participating in verbal abuse, the specific allegations of physical assault—involving a stick and a hand bracelet—were attributed to co-accused Arnav @ Sonu Yadav and Aman Saw

The applicant contended he was merely trying to pacify the situation and has no criminal antecedents

1. Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, considering his limited role in the alleged assault and the nature of injuries sustained by the victims.

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

The court also considered the substantive offences defined under the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 296 (obscene acts/songs), 351(3) (criminal intimidation), 115(2) (voluntarily causing hurt), 109 (punishment of abetment), and 3(5) (joint liability)

The decision was guided by the principle that bail is the rule and jail is the exception, particularly when the investigation is complete and the trial is expected to be prolonged

The Court observed that while the applicant was present at the scene, the material evidence, including the FIR and victim statements, attributed the actual infliction of injuries to co-accused Arnav and Aman Saw

The Court noted that the injuries sustained by the complainant were classified as "simple" in nature

Furthermore, the Court emphasized that the applicant had been in custody since 14.01.2026 and that the charge-sheet had already been filed, meaning his continued detention was not required for investigation

Given the applicant's lack of criminal antecedents and the likelihood that the trial would take considerable time to conclude, the Court found no justification for further incarceration

The High Court allowed the bail application and ordered the release of Rishabh Tiwari on furnishing a personal bond with two local sureties

The release is subject to stringent conditions, including mandatory attendance on all trial dates (specifically for framing of charges and recording of statements) and a prohibition against seeking unnecessary adjournments

Default in these conditions or failure to appear after a proclamation under Section 84 of the BNSS will result in the immediate cancellation of bail