Grant of bail is inclined when there is a significant and unexplained delay in lodging the FIR, particularly in cases involving family disputes and close relatives, regardless of the gravity of the alleged injuries.

Order on Board

1. This is the first bail application 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. 31/2026 registered at Police Station Sihava, District Dhamtari (C.G.) offence under Sections 109(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 .

2. The case of the prosecution, in brief, is that on 09.04.2026, the complainant, Mukesh Kumar Sahu, lodged a report alleging that due to a land and money dispute, on 13.02.2026, his elder brother, namely Krishna Kumar, and sister-in-law, namely Binda Sahu, assaulted the complainant’s son, namely Tamradhwaj Sahu, with the intention to commit murder and caused injuries to his head as well as neck. However, considering the fact that the dispute was between family members, no report was initially lodged. After receiving medical treatment, the injured took painkillers, but when the pain increased, he was admitted to V.Y. Hospital, where he underwent surgery on 06.03.2026 and thereafter underwent a second operation on 10.03.2026. Subsequently, the complainant implicated the applicants by alleging that, about two months earlier, the applicants had assaulted his son, as a result of which he sustained injuries dangerous to life and suffered a paralysis attack. Accordingly, the offence has been registered against the applicants.

3. Learned counsel for the applicants submits that the applicants are the uncle and aunt of the injured, namely, Tamradhwaj Sahu. It is submitted that the complaint was lodged by the father of the injured, namely, Mukesh Sahu, alleging that on 13.02.2026 at about 8:30 PM, at the residence of the injured, the applicants assaulted the injured, pursuant to which he was admitted to the hospital on 02.03.2026 complaining of headache and weakness. Learned counsel for the applicants further submits that the report dated 09.04.2026 was lodged by the complainant alleging that the incident had occurred on account of a land and family dispute between the parties. It is further submitted that although the injured was admitted to the hospital on 02.03.2026 and underwent surgery on 10.03.2026, no intimation or allegation regarding assault by the present applicants was made at that time. However, subsequently, on 09.04.2026, the FIR came to be registered alleging that the medical injuries sustained by the injured were on account of assault committed by the applicants. It is lastly submitted that there exists a family dispute between the parties, the applicants are in custody since 03.05.2026, and the conclusion of the trial is likely to take considerable time. Hence, learned counsel for the applicant prays for grant of bail to the applicants.

4. On the other hand, learned State Counsel opposes the bail application and submits that the present applicants are named in the FIR and are alleged to have assaulted the injured with the intention to commit murder, causing grievous injuries to his head and neck, which later required two surgeries and resulted in paralysis. Considering the nature and gravity of the offence, he submits that the applicants are not entitled to the grant of bail.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Considering the totality of the circumstances and particularly the fact that although the alleged incident is stated to have occurred on 13.02.2026, when the injured was admitted to the hospital on 02.03.2026 and subsequently underwent surgery on 10