Facts
The applicant sought regular bail following his arrest on December 16, 2025, in connection with Crime No. 1370/2025.
Source reference: para. 2The prosecution alleged that on November 17, 2025, the applicant and a co-accused demanded ₹250 from the complainant for liquor and fuel. Upon refusal, the applicant allegedly assaulted the complainant using a vehicle key, hands, and fists, resulting in simple injuries, and further threatened the complainant and damaged his mobile phone.
Source reference: para. 2The applicant was charged under various sections of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Source reference: para. 2The applicant claimed false implication and noted the simple nature of the injuries, while the State opposed the application, citing the applicant’s five previous criminal antecedents.
Source reference: para. 3-4Issues
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the injuries, the period of detention, and his criminal history.
Source reference: para. 1, 6Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which governs the power of the High Court to grant regular bail.
Source reference: para. 1Sections 119(1), 296, 351(2), 115(2), and 324(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS).
Source reference: para. 1Sections 84 and 209 of the BNSS and Section 269 of the BNS regarding the consequences of violating bail conditions or failing to appear before the trial court.
Source reference: para. 7Reasoning
The court balanced the gravity of the allegations and the applicant's criminal history against the actual harm caused and the duration of his incarceration.
Source reference: para. 4, 6Although the State emphasized that the applicant had five criminal antecedents and was a habitual offender, the Court observed that the injuries sustained by the victim were "simple in nature".
Source reference: para. 4, 6The court took significant note of the applicant’s detention period, having been in custody since December 16, 2025.
Source reference: para. 6The court reasoned that given the nature of the injuries and the time already served in jail, the applicant deserved the liberty of bail, provided strict conditions were imposed to ensure his participation in the trial and to prevent the abuse of such liberty.
Source reference: para. 6-7Holding
The High Court allowed the application and directed that the applicant be released on bail upon furnishing a personal bond with two sureties.
The court imposed several conditions: (i) the applicant must not seek adjournments when witnesses are present; (ii) he must appear on every trial date personally or through counsel; and (iii) any failure to appear or misuse of liberty would allow the trial court to initiate proceedings under Sections 84 of BNSS or Sections 209 and 269 of BNS.
Source reference: para. 7Original Court PDF
RAJIK KHANvsSTATE OF CHHATTISGARH
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