Regular bail granted for assaulting public servant where injuries are simple and no weapon was recovered.

The applicant filed her first regular bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, following her arrest on March 20, 2026

According to the prosecution, on March 20, 2026, while a woman police officer was recording entries in the station diary at Balod Police Station, the applicant entered and began shouting regarding the arrest of her nephew, Siddharth Mograj

It is alleged that the applicant obstructed the officer’s discharge of duty and assaulted her by slapping her on the left cheek

Consequently, Crime No. 127/2026 was registered under the Bhartiya Nyaya Sanhita (BNS)

The applicant contended that she was falsely implicated while merely inquiring about her nephew and argued that the alleged injuries were simple in nature, resulting from a sudden quarrel without intent to deter a public servant

Whether the applicant is entitled to the grant of regular bail under Section 483 of the BNSS, 2023, in light of the nature of the offenses and her personal circumstances

The court exercised its jurisdiction under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for the grant of regular bail

The substantive offenses were considered under Sections 121(1) (voluntarily causing hurt to deter public servant), 132 (assault or criminal force to deter public servant), and 221 (obstructing public servant in discharge of public functions) of the Bhartiya Nyaya Sanhita, 2023

The court also incorporated conditions referencing Section 269 of the BNS (non-attendance in obedience to an order from a public servant), Section 84 of the BNSS (proclamation for person absconding), and Section 351 of the BNSS (recording of statement of the accused)

The court examined the nature of the allegations and noted the absence of any specific overt act attributed to the applicant beyond the general allegations in the FIR

It observed that no weapon was recovered and the injuries sustained by the complainant were simple in nature

The court balanced the State's objection regarding the pending charge-sheet against the applicant's period of incarceration since March 20, 2026, and the likelihood of a protracted trial

Crucially, the court considered the applicant’s personal circumstances, specifically that her marriage was scheduled to commence on April 20, 2026, and concluded that continued detention would adversely affect her matrimonial life

The Court allowed the bail application, directing the release of the applicant upon furnishing a personal bond with two sureties

The bail was granted subject to several conditions: the applicant must not seek unnecessary adjournments, must be present for the framing of charges and recording of statements under Section 351 of the BNSS, and faces proceedings under Section 209 of the BNS if she misuses her liberty