### Regular Bail Granted Where Co-accused Are Released and Custodial Interrogation Is No Longer Required

The applicant, Sachin Rai, filed a fourth application for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The prosecution alleged that on September 13, 2025, the applicant and other co-accused intercepted the complainant, Jagatnarayan, and assaulted him with a lathi and iron rod over a property dispute

The victim sustained fractures to the metacarpal and tibia bones

The applicant was arrested on October 17, 2025, and a wooden stick was seized from him

His three previous bail applications were dismissed as withdrawn

The applicant sought bail on grounds of parity with co-accused, completion of the investigation, and family responsibilities

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the nature of injuries, the period of incarceration, and the principle of parity with co-accused who have already been released

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 439 of the CrPC) regarding the High Court’s power to grant bail

Section 346 of the BNSS (corresponding to Section 309 of the CrPC) regarding the timely examination of witnesses during trial

The primary legal principles considered were the lack of likelihood of the accused fleeing from justice or tampering with evidence, and the socio-economic status of the applicant in balancing the need for continued incarceration against personal liberty

The Court observed that while the allegations involved assault with weapons, all other co-accused had already been granted bail by a Coordinate Bench

It noted that the final report (charge sheet) had been submitted, meaning the custodial interrogation was no longer required

The Court found that the gravity of the injuries (fractures) and the specific intent of the applicant were matters to be determined during the trial

Given the applicant's age (27 years), his socio-economic status, and his family responsibilities, the Court concluded there was no compelling evidence suggesting a risk of fleeing or witness tampering

Consequently, the Court determined that continued incarceration was unnecessary

The grant of bail is subject to five conditions: regular appearance at trial, refraining from committing similar offences, not influencing witnesses or tampering with evidence, and ensuring compliance with Section 346 of the BNSS regarding witness examination

The Court clarified that breach of these conditions could lead to the cancellation of bail