The court granted bail based on the limited role of the applicant (simple injury), the lack of specific overt acts of serious assault in witness testimonies, and the principle of parity with a co-accused already released on bail.

Order on Board

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 192/2025 registered at Police Station- Bhilai Nagar, Durg, District - Durg, (C.G.) for the offence punishable under Sections 296 , 115(1), 351(2), 191(2), 191(3), 190, 109 and 333 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 25 & 27 of the Arms Act.

2. Case of the prosecution, in brief, is that on the night of 05.05.2025 at about 10:30 PM, the main accused Lingaraj along with four other co-accused persons, all allegedly armed with knives, forcibly entered the house of the complainant, dragged the victim, who was sleeping on the bed, by his hair and took him out onto the street. It is alleged that they threatened the victim, stating “how dare you call me, today we will kill you,” and abused him in obscene language. Thereafter, the main accused Lingaraj along with another co-accused assaulted the victim Pranshu and his friend Jassu by punching them and inflicting injuries with a sharp-edged weapon on their head and lower body. The incident was eventually pacified due to the intervention of the complainant’s husband, and upon gathering of a crowd, the accused persons fled from the spot on a motorcycle and a scooter. The injured persons sustained serious injuries on vital parts of their bodies. Based on the report of the complainant, the police registered an offence vide Crime No. 192/2025 (Annexure A/2) under Sections 296 , 115(1), 351(2), 191(2), 191(3), 190, 109, 333 of the BNS and Sections 25 and 27 of the Arms Act (corresponding to Sections 294, 323, 506, 146, 147, 149, 307 and 452 IPC) against the present applicant and other co-accused persons. Hence, this bail application.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has no knowledge of the alleged incident. It is further submitted that the applicant has not participated in the commission of the offence, and the main allegations are against the co-accused, particularly Lingaraj, who is alleged to have assaulted the victim with a knife, whereas the present applicant is merely alleged to have been present at the spot, and even the offence under Section 109 of the BNS is not attracted against him. It is also submitted that no weapon has been recovered from the possession of the present applicant and his name does not find mention in the FIR. The principal allegations and the injuries sustained by the victim are attributed to the co-accused persons, from whom the weapon has also been seized. It is further submitted that the injured, material witnesses, as well as memorandum and seizure witnesses have been examined before the learned trial Court and have supported the prosecution case only against the main accused Lingaraj, and not against the present applicant. It is also contended that the only allegation against the applicant is that he caused a simple injury on the elbow of the victim, which is minor in nature. It is further submitted that as per the memorandum of the complainant and injured, the primary role is attributed to the co-accused who allegedly assaulted with a sword. It is also submitted that the trial is still in progress, and out of 22 witnesses, only 6 witnesses have been examined so far. It is further submitted that the applicant and the complainant are not known to each other. It is submitted that a co-accused, namely Vinay Baghel, has