Regular bail granted as injury with weapon was on non-vital body part without criminal antecedents.

The applicant filed a first bail application seeking regular bail following his arrest on September 2, 2025.

The prosecution alleged that on September 1, 2025, the applicant stabbed the complainant’s brother, Dwarika Gupta, in the abdomen with a pair of scissors.

The applicant contended that he was falsely implicated, asserting that the injury occurred during a scuffle initiated by the victim while the applicant was meeting a third party.

A charge sheet has been filed, and charges have been framed, but no prosecution witnesses have been examined to date.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the injury and the duration of his pretrial detention.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

The substantive charges were governed by Sections 296 (Obscene acts and songs), 351(2) (Criminal intimidation), and 109 (Punishment of abetment) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The court also referenced the procedural requirements for trial attendance and the consequences of jumping bail under Sections 84 (Proclamation for person absconding), 209 (Non-appearance of accused), and 269 (Attendance of prisoner) of the BNS/BNSS framework.

The Court balanced the gravity of the State’s allegations—that the applicant used a weapon to inflict a grievous injury on a sensitive part of the body—against the mitigating factors presented by the defense.

The Court observed that while the injury was grievous and located in the abdomen, it was characterized as being on a "non-vital part of the body".

Furthermore, the Court noted that the applicant has no prior criminal antecedents and has been incarcerated since September 2025.

Given that the investigation is complete, the charge sheet is filed, and the trial is at a stage where witnesses have yet to be examined, the Court determined that continued detention was unnecessary, provided strict conditions were imposed to ensure trial participation.

The grant of bail is subject to several conditions: the applicant must not seek adjournments during witness testimony, must attend all court dates, and must appear for specific trial milestones (framing of charges and recording of statements under Section 351 BNSS).

The Court further directed the Trial Court to endeavor to conclude the trial within six months.