Facts
The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in Crime No. 529/2026, registered for offences under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: para. 2–4The prosecution alleged that, on 15 May 2026, the applicant and two others assaulted the complainant and his cousin with a knife.
Source reference: para. 2–4The applicant, arrested on 20 May 2026, denied involvement and relied on longstanding hostility between the families, earlier criminal cases, and CCTV footage said to place him at a temple at the time of the incident.
Source reference: para. 2–4He also cited his age and medical condition.
Source reference: para. 2–4The State opposed bail, submitting that the allegations were serious and that the alibi required verification.
Source reference: para. 2–4Issues
Whether the applicant should be released on regular bail under Section 483 BNSS, having regard to the nature of the alleged knife assault and the material available at this stage.
Source reference: para. 5–6Whether the applicant’s claims of false implication due to prior enmity and of being elsewhere, supported by submitted CCTV material, justified bail before that material was properly examined.
Source reference: para. 5Law Applied
Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the Court to consider an application for regular bail.
Source reference: no citationThe alleged offences were under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Source reference: no citationIn assessing bail, the Court considered the nature of the allegations, the role attributed to the applicant, and the material available on record.
Source reference: no citationIt observed that prior enmity may furnish a basis for false implication but may also provide a motive for the alleged occurrence; likewise, a pen drive or representations containing CCTV material cannot, without proper examination, conclusively establish an alibi.
Source reference: para. 5No precedent was cited.
Source reference: no citationReasoning
The Court treated the alleged knife assault and the specific role attributed to the applicant as relevant considerations.
Source reference: para. 5–6It declined to regard prior hostility as sufficient, by itself, to establish false implication, noting that it could also support the prosecution’s allegation of motive.
Source reference: para. 5–6The CCTV-based alibi had not been properly examined, and its submission therefore did not conclusively establish the applicant’s absence from the scene.
Source reference: para. 5–6On the material then available, the Court was not persuaded to grant bail.
Source reference: para. 5–6Holding
The Court rejected the applicant’s first application for regular bail under Section 483 BNSS, holding that bail was not warranted at that stage in light of the nature of the allegations and the material available on record.
Acts & Sections Cited
6 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Bharatiya Nagarik Suraksha Sanhita, 20231
Bharatiya Nyaya Sanhita, 20235
Original Court PDF
Rajju @ Sunderlal SahuvsThe State Of Madhya Pradesh
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