Medical evidence establishing simple injuries warrants bail despite allegations of instigating assault with intent to kill.

The applicant, Nazish, was arrested in connection with Case Crime/F.I.R. No. 327 of 2025 for allegedly instigating a co-accused, Zaid, to assault the complainant’s father with the intent to kill following a dispute over a tractor playing loud music.

The prosecution alleged the victim sustained internal injuries.

Following an investigation, a charge-sheet was submitted under Sections 109, 351(3), and 61 of the Bharatiya Nyaya Sanhita (BNS).

The applicant has been in judicial custody since December 3, 2025, and his initial bail application was rejected by the lower court on December 18, 2025.

1. Whether the applicant is entitled to be released on bail based on the nature of the injuries and the evidence available on record.

2. Whether the essential ingredients of Section 351(3) of the BNS are prima facie attracted given the medical evidence.

The Court primarily considered Sections 109 (Abetment), 351(3) (Criminal intimidation by threatening to cause death or grievous hurt), and 61 of the BNS.

The Court applied the established principles of bail jurisprudence, focusing on the nature of the injuries (simple vs. grievous), the period of incarceration, the presence or absence of criminal history, and the likelihood of the accused absconding during a protracted trial.

The Court analyzed the medical reports and supplementary medical reports, noting that the Medical Officer classified all injuries as "simple in nature" with no significant abnormality in the neuro-parenchyma.

It observed a discrepancy between the F.I.R. allegations (use of sharp-edged weapons) and the medical evidence (lacerated wounds), concluding that the allegations were not supported by forensic findings.

The Court further noted that the applicant had no prior criminal history and had already served over three months in custody.

Given that the trial was likely to be lengthy and the applicant was a permanent resident with no flight risk, the Court determined that the ingredients of Section 351(3) BNS regarding intent to cause death or grievous hurt were not sufficiently evidenced at this stage to justify continued detention.

The bail application was allowed.

The Court ordered the release of the applicant on the execution of a personal bond and the furnishing of two reliable sureties of a like amount to the satisfaction of the trial court.