Regular Bail Granted for Simple Injuries Under BNS Despite Use of Dangerous Weapon and Criminal Antecedents

The applicant, Sanjeev @ Gandhi Gontiya, filed a first bail application following his arrest on February 6, 2026, in connection with Crime No. 109 of 2026.

The prosecution alleged that on February 2, 2026, the applicant abused the victim, Dharmendra Lodhi, over an outstanding payment and assaulted him on the head with an iron plate (Tawa), while co-accused persons assaulted him with kicks and fists.

The applicant’s counsel argued that the incident was a minor scuffle without intent to murder and that the victim sustained only simple injuries.

The final report has been submitted following the completion of the investigation.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering the nature of the injuries and the progress of the investigation.

2. Whether the applicant's criminal history and professional/social background warrant continued judicial incarceration.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (formerly Section 439 CrPC) regarding the grant of regular bail.

The Court evaluated the application against Sections 296-B, 109(1), 115(2), 35(2), and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

The Court also considered the legal principles governing bail: the gravity of the offense, the likelihood of the accused evading the process of law, the risk of tampering with evidence, and the socio-economic status of the applicant.

The Court noted that while the state opposed bail due to the gravity of the offense and one criminal antecedent under the Public Gambling Act, the applicant is a 41-year-old driver with family responsibilities and no history of major convictions.

Medicolegal evidence, specifically the CT Scan report, revealed no significant brain trauma or neuro parenchyma abnormality, and the victim was discharged after two days.

The Court reasoned that since the investigation is complete and the final report submitted, the veracity of the prosecution's claims would be determined during the trial.

Given the applicant's "clean past" (regarding major offenses) and the fact that the trial would take time to conclude, the Court found no compelling reason to continue incarceration.

The release is subject to conditions including regular court attendance, refraining from committing similar offenses, and not tampering with evidence or witnesses; the order remains effective until the end of the trial unless bail is cancelled due to a breach of conditions.