Successive Bail Rejected for Grievous Section 307 IPC Offences With Trial Near Completion

On the intervening night of May 29–30, 2024, an unknown person entered the residence of the victim, Hirau Ram Uikey, and assaulted him with an axe, causing grievous head injuries

Following a written complaint by the victim’s daughter, the police registered Crime No. 114/2024 under Sections 307 and 457 of the Indian Penal Code (IPC)

The applicant was arrested on June 02, 2024

This is the applicant's third bail application; the first was dismissed on merits on September 05, 2024, and the second was dismissed as withdrawn on March 19, 2025

The applicant argued for bail on the grounds of false implication based on suspicion, the fact that some prosecution witnesses did not support the case, and his lack of criminal antecedents

1. Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, in light of the medical evidence and the current stage of the trial

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

The substantive offenses were considered under Sections 307 (Attempt to murder) and 457 (Lurking house-trespass or house-breaking by night) of the Indian Penal Code

The court also considered the legal standards for successive bail applications, emphasizing that the gravity of the injury and the proximity of the trial's conclusion are critical factors in judicial discretion

The Court scrutinized the medical evidence, specifically a CT scan showing a fracture of the victim's left temporal bone, confirming the injuries were grievous and caused by an axe

Although the applicant contended that certain witnesses turned hostile, the Court observed that the first bail application had already been rejected on merits due to the severity of the assault

The Court highlighted that the trial is currently at the "verge of completion," noting that the applicant’s statement was scheduled for April 13, 2026

By connecting the gravity of the offense with the advanced stage of the trial proceedings, the Court reasoned that there was no sufficient change in circumstances to warrant a departure from the previous dismissals

It held that the applicant is not entitled to be released on bail given the nature of the grievous injuries inflicted and the fact that the trial is near completion

The trial court was granted liberty to proceed and conclude the trial expeditiously