Regular bail granted for non-fatal assault considering charge-sheet filing and lack of criminal antecedents.

The applicant, Pradeep Kahar, sought regular bail after being arrested on 28.10.2025 in connection with Crime No. 596/2025

On 25.10.2025, the victim, Umashankar Nishad, was assaulted with a sharp-edged weapon

The prosecution alleged that the victim’s wife conspired with one Anuj Sahu to eliminate the victim due to restrictions on her movement

While the primary conspiracy involved the wife and Anuj Sahu, the applicant was implicated for allegedly assaulting the victim with a knife

Medical evidence in the form of an X-ray report indicated that the victim sustained a fracture of the left hand metacarpal bone

The investigation is complete, and the charge-sheet has been filed

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the injury and the period of incarceration

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

The applicant was charged under Sections 109 (Abetment), 61(2)(A) (Criminal Conspiracy), and 3(5) (Joint Liability/Common Intention) of the Bharatiya Nyaya Sanhita (BNS), 2023

The court also relied on the principle that bail may be granted when the charge-sheet is filed, the accused has no criminal antecedents, and the trial is likely to be protracted

The Court examined the gravity of the allegations in light of the medical evidence, noting that the injury—a metacarpal bone fracture—was not life-threatening

It observed that the applicant had already been in judicial custody since October 2025 and that the filing of the charge-sheet indicated that the custodial interrogation was no longer required

The Bench further noted the absence of any previous criminal record against the applicant

Recognizing that the trial would take a considerable duration to conclude, the Court reasoned that further detention was unwarranted provided that stringent conditions were met to ensure the applicant's presence during trial

The High Court allowed the bail application, directing the release of the applicant on a personal bond with two local sureties

The relief was granted subject to conditions: the applicant must not seek adjournments during witness testimony [para 7(i)], must appear on every hearing date [para 7(ii)], and must comply with procedures under Section 351 of the BNSS and Section 209 of the BNS