### Post-FIR Addition of Attempt to Murder Allegations Arising from Scuffle Warrants Grant of Regular Bail Summary: Facts: The applicant, Sachin Patel, was initially charged with minor offences under the Bharatiya Nagarik Suraksha Sanhita (BNSS/BNS) following a road rage altercation. The complainant originally alleged simple assault and verbal abuse, and the applicant was granted bail by the trial court. Subsequently, the complainant improved his statement to include an allegation of an attempt to run him over with a car, leading to the addition of Section 109 (Attempt to Murder) of the BNS. The applicant surrendered on March 24, 2026. Issue: Whether the applicant is entitled to regular bail where grave charges were added during investigation after he had already been granted bail for the initial minor offences. Ruling: The High Court of Madhya Pradesh granted bail, noting that the initial FIR did not contain allegations of a car-related assault or a wooden stick attack. The Court observed that the veracity of the subsequent allegations, which increased the gravity of the case, is a matter for trial. Given that investigation regarding the applicant is nearly complete, custodial interrogation is unnecessary, and there is no evidence of tampering or flight risk, the incarceration was deemed unwarranted. Key Takeaway: Bail may be granted where grave charges like attempt to murder are added as an afterthought to a minor scuffle, provided the accused demonstrates cooperation and no risk of evidence tampering.

An FIR was initially registered under Sections 296B, 115(2), 351(3), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, and the applicant was granted bail by the trial court on December 23, 2025.

On December 14, 2025, the complainant, Anupam Choudhary, alleged that the applicant, Sachin Patel, and an associate drove a car in a rash manner and, following a confrontation, assaulted the complainant with fist blows and threatened him.

During subsequent investigation, the complainant alleged that the applicant attempted to run him over with a vehicle, leading to the addition of Section 109 of the BNS.

The applicant surrendered on March 24, 2026, and moved the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS considering the nature of the allegations and the progress of the investigation.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court or Court of Session regarding bail.

The court considered the dual principles of personal liberty versus the gravity of the offence, noting that the veracity of prosecution claims is a matter for trial.

It further observed the necessity of balancing the risk of the accused fleeing or tampering with evidence against the hardship caused by continued incarceration.

The Court observed that the initial FIR did not contain allegations regarding an attempt to run over the complainant or the use of a wooden stick; these more serious charges were added only after the applicant had secured bail from the trial court.

The Court noted that the investigation concerning the applicant is nearly complete and that two days of police custody yielded no recoveries.

Despite the State’s objection regarding a prior criminal record (Crime No. 753/2022), the Court found that the applicant had no major convictions and was not a flight risk due to his socio-economic status and family responsibilities.

The Court reasoned that continued incarceration was unnecessary as there was no immediate likelihood of recidivism or tampering with evidence.

The holding is subject to conditions including regular attendance at hearings, non-participation in similar offences, and a prohibition against tampering with evidence or threatening witnesses.

The Court clarified that these observations are preliminary and do not impact the final merits of the trial.