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Judgment
Hon’ble Shri Justice Rakesh Mohan Pandey
These are the first bail applications filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 259/2026 registered at Police Station Nawagarh, District : Janjgir-Champa (C.G.), for the offence punishable under Sections 296, 115(2), 109 and 324 of BNS, 2023.
The case of the prosecution, in brief, is that on 15.08.2026, the present applicants, along with a juvenile, assaulted the complainant Rahil and Siddhant with an iron rod, a wooden club, a metal bangle. Following the registration of the FIR, the applicants were arrested on 20.08.2026.
Learned counsel appearing for the respective applicants submits that the charge-sheet has been filed and, according to the MLC reports, the injuries sustained by the injured persons were not life-threatening in nature. They further submit that applicant Hemant has no criminal antecedents, whereas applicant Shreyansh has one criminal antecedent that has been disposed of, and applicant Devvrat has two criminal antecedents, out of which one remains pending. They also submit that the applicants have been in jail since 20.08.2026 and that the conclusion of the trial is likely to take quite a long time; therefore, they pray for the grant of regular bail to the applicants.
On the other hand, learned counsel for the State opposes the bail applications and submits that the complainant, Rahil, sustained a head injury and two of the three applicants have criminal antecedents; therefore, they are not entitled to the grant of bail.
I have heard learned counsel appearing for the parties and perused the case diary.
It is alleged that the present applicants, while acting in furtherance of a common intention, assaulted the complainant, Rahil, and Siddhant with an iron rod, a wooden club, and a metal bangle. However, the MLC report does not disclose any life-threatening injuries. Furthermore, applicant Hemant has no criminal antecedents, whereas applicant Shreyansh has one criminal antecedent that has been disposed of, and applicant Devvrat has two criminal antecedents, out of which one remains pending. All such antecedents have been duly explained in the present bail applications.
Taking into consideration the aforesaid discussion coupled with the fact that the charge-sheet has been filed before the competent Court and applicants are in jail since 20.08.2026, conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case.
It is directed that in the event of the applicants executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, they shall be released on bail on the following conditions:-
they shall make themselves available for interrogation by the police officer as and when required;
(b)they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and
they shall not act in any manner which will be prejudicial to a fair and expeditious trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.