Magistrate-triable offences do not create an automatic entitlement to bail, particularly where live criminal antecedents exist.

The applicant was arrested in connection with Crime No. 608/2026, registered for offences under Sections 296, 115(2), 351(3), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that, following a quarrel arising from previous enmity, the applicant and a co-accused assaulted the injured with scissors, a stick and fists, causing injuries to his neck and left eye.

The applicant had been in custody since 14 July 2026, and the charge-sheet had been filed.

His first bail application was dismissed on merits, and his second was disposed of.

This was his third application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Whether the applicant should be granted regular bail under Section 483 of the BNSS, having regard to the allegations, the status of the investigation and his period in custody.

Whether the applicant’s criminal antecedents and the dismissal of his first bail application weighed against granting bail.

The application was considered under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides the basis for the High Court’s consideration of regular bail.

The Court assessed the nature and gravity of the allegations, the applicant’s criminal antecedents and the procedural history of his prior bail applications.

It also observed that an offence being triable by a Judicial Magistrate does not, by itself, entitle an accused to bail.

No precedent was cited.

Although the charge-sheet had been filed, the Court considered the allegations that the applicant used scissors and caused injuries described by the State as grievous, along with the applicant’s two live criminal antecedents.

It also took into account that the first bail application had been dismissed on merits and found no sufficient basis to grant bail on the third application.

The fact that the case was triable by a Judicial Magistrate did not change that assessment.

The third bail application was dismissed.