Regular bail denied considering the gravity of brutal assault and life-threatening injuries to vital parts.

The applicant, Eltefak Khan, sought a First Bail Application following his arrest on 29.07.2025 in connection with Crime No. 143/2025

On 28.07.2025, the applicant and two associates allegedly lured the complainant, Sameer Khan, into a car and took him to Rajbandha Ground

After the complainant refused to consume narcotic substances with the accused, the group assaulted him with fists and kicks

The applicant specifically is alleged to have used a knife to inflict multiple stab wounds on the complainant’s head, eyebrow, elbow, forearm, waist, and leg

Medical reports (NCCT) confirmed grievous injuries, including a subgaleal hematoma and lacerated wounds, characterized as dangerous to life

Charges were framed on 08.01.2026, and the applicant argued for bail based on a lack of criminal antecedents and the slow progress of the trial

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS considering the nature of the assault and the gravity of the injuries sustained by the victim?

The Court considered Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail

Substantive charges were registered under Sections 296 (Obscene acts and songs), 109 (Punishment of abetment), and 3(5) (Joint liability/Common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023, along with Sections 25 and 27 of the Arms Act

The court applied the principle that the seriousness of the offense, the specific role of the accused, the nature of the weapon used, and the severity of the injuries (especially those dangerous to life) are primary factors in determining bail eligibility

The Court weighed the applicant’s plea regarding his period of incarceration (since July 2025) and lack of prior criminal history against the prosecution's evidence of a brutal attack

The Court noted that the assault involved repeated knife blows to vital parts of the complainant's body, indicating a clear intention to cause death or serious harm

The medical evidence (NCCT report) was pivotal, as it categorized the injuries to the forehead and occipital region as "grievous in nature and dangerous to life"

The Court reasoned that despite the trial's status, the brutality of the act and the specific role of the applicant in wielding the knife outweighed the arguments for liberty at this stage

However, acknowledging the applicant's concerns regarding the trial's pace, the Court directed the trial court to make an earnest endeavor to conclude the trial within six months from the receipt of the order

The bail application was dismissed