01Facts
The applicants, Karan Yadav and Shubham Yadav, were arrested in connection with Crime No. 63/2026 registered at Police Station Hardibazar, District Korba, for offences under Sections 296, 115(2), 351(2), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).
¶ 1 · p. 1The prosecution alleged that, during a marriage procession on 25 April 2026, a dispute arose between the complainant, Roshan Yadav, and co-accused Milan Yadav, following which the complainant was assaulted with a wooden or bamboo stick and sustained injuries.
¶ 2 · p. 2The applicants contended that the incident occurred on 25 April 2026 but the FIR was lodged only on 2 May 2026; that the complainant had named only Milan Yadav and had not identified the applicants; and that medical and forensic material did not substantiate their involvement.
¶ 3 · pp. 2–3They further submitted that they had no criminal antecedents, were young engineering students, had been in custody since 3 July 2026, and that the charge-sheet had already been filed.
¶ 3 · p. 302Issues
i.Whether the applicants, accused of offences under Sections 296, 115(2), 351(2), 118(2) and 3(5) of the BNS, were entitled to regular bail under Section 483 of the BNSS?
¶ 1, 5–6 · pp. 1, 3–4ii.Whether the nature of the injuries, the applicants’ lack of criminal antecedents, the filing of the charge-sheet, and their period of custody justified release on bail?
¶ 6 · p. 403Law Applied
The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers the High Court to grant regular bail to a person accused of an offence and in custody.
¶ 1 · p. 1The Court assessed bail on the established considerations of the prima facie material, seriousness and nature of the injuries, criminal antecedents, completion of investigation and filing of the charge-sheet, and the period of custody.
¶ 6 · p. 4Provisions in the judgment · 10 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483Section 84Section 351
Bharatiya Nyaya Sanhita, 2023 Section 296Section 115Section 351Section 118Section 3Section 269Section 209
04Reasoning
Upon examining the case diary, the Court found that the injuries suffered by the complainant were simple in nature and had been caused on a non-vital part of the body, contrary to the State’s submission regarding grievous injuries.
¶ 6 · p. 4The Court also noted that the applicants had no criminal antecedents, that the charge-sheet had already been filed, and that they had remained in judicial custody since 3 July 2026.
¶ 6 · p. 4These circumstances reduced the need for continued custodial detention and led the Court to conclude that the applicants had made out a fit case for regular bail.
¶ 6 · p. 405Holding
The Court answered the issues in favour of the applicants and granted them regular bail under Section 483 of the BNSS.
¶ 6 · p. 4Karan Yadav and Shubham Yadav were directed to be released upon furnishing personal bonds with two local sureties each in the like amount to the satisfaction of the trial court.
¶ 7 · p. 4The bail was subject to conditions requiring their cooperation with the trial, appearance on prescribed dates, personal presence at the opening of the case, framing of charge and recording of their statements, and permitting consequential action in the event of misuse of bail or non-appearance.
¶ 7 · pp. 4–5Original Court PDF
KARAN YADAVvsSTATE OF CHHATTISGARH
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