Prima facie absence of criminal intent in accidental celebratory firing justifies grant of regular bail.

The applicant, a 35-year-old guard at Mahakal Mandir, was celebrating a birthday at his residence on March 9, 2026

While dancing with a firearm, the applicant discharged a gunshot; a pellet struck a minor, Rohit, in the leg

Following a report by the victim’s mother at Police Station Alot, the applicant was charged under Section 109 of the Bharatiya Nyaya Sanhita (BNS), 2023

The applicant has been in judicial custody since March 10, 2026, and moved this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, given the circumstances of the incident and his personal antecedents

The court primarily applied Section 483 of the BNSS, 2023, governing the High Court's power to grant bail

The substantive offence was registered under Section 109(1) of the BNS, 2023, relating to the attempt to murder

The court adhered to the principle that bail is the rule and jail is the exception, specifically considering the absence of criminal antecedents, the socio-economic status of the accused, and the lack of evidence regarding the likelihood of tampering with witnesses or fleeing justice

The court examined the applicant's defense that the discharge was an accidental gunshot without intent to cause hurt

It noted that the investigation is nearly complete and the relevant seizures have been made, obviating the need for further custodial interrogation

The court emphasized the applicant’s clean record and stable roots in the community as a temple guard with a dependent family

In applying the law to these facts, the court found no evidence of "previous enmity" between the parties and determined that the "veracity of prosecution and complicity of the applicant" are matters for trial

The court reasoned that there was no "compelling reason" to continue incarceration as there appeared to be no risk of recidivism or witness intimidation

The holding directed the applicant to furnish a personal bond of Rs. 50,000/- with one surety of like amount to the satisfaction of the trial court

The court imposed several conditions, including mandatory attendance at all hearings, a prohibition on committing similar offences, and a strict injunction against tampering with evidence or threatening witnesses

The order remains effective until the end of the trial, subject to the trial court's right to cancel bail upon any breach of conditions