Repeat Bail Application Rejected for Accused with Criminal Antecedents and Allegations of Fatal Weapon Assault

The applicant sought regular bail for the second time following the rejection of his first application on April 16, 2025.

The prosecution alleged that the applicant and others assaulted an individual following a minor dispute, causing injuries with a sharp knife.

The applicant has been in custody since September 15, 2024.

The applicant argued for bail on the grounds of prolonged incarceration, the examination of only one out of ten witnesses, and parity with a co-accused who was granted bail.

The State opposed the application, citing five previous criminal antecedents and the gravity of the injuries caused.

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, despite the rejection of a previous bail application on merits and the presence of criminal antecedents.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the power of the High Court to grant bail.

Sections 296 (Obscene acts), 351(2) (Criminal intimidation), 115(2) (Voluntarily causing hurt), 118(1)(2) (Voluntarily causing grievous hurt by dangerous weapons), and 3(5) (Joint liability) of the Bharatiya Nyaya Sanhita (BNS), 2023, alongside Sections 25 and 27 of the Arms Act.

Section 326 of the IPC (corresponding to BNS provisions for grievous hurt) based on the nature of the injuries.

The Court reasoned that the nature of the offense was severe, as the applicant allegedly used a sharp knife to inflict a "fatal blow" on an injured person, leaving the weapon stuck in the victim's back.

The Court distinguished this application from the first rejection, noting that the prior order was on merits and emphasized the possibility of death resulting from the injuries.

The Court found the applicant’s five previous criminal antecedents to be a significant factor weighing against the grant of bail, despite the applicant’s claims of false implication and the slow progress of the trial.

The second bail application was accordingly rejected, with a direction to the trial court to make an earnest endeavor to conclude the trial within six months from the date of receipt of the order, provided there is no legal impediment.