AI Overview...
-
Section 109 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 - Main points indicate that this section pertains to offences committed with a common intention, often involving knowledge or intent to facilitate or commit a crime (INDAP00000057344). The role of intention and knowledge is emphasized as crucial in establishing liability under Section 109, with absence of such elements affecting prosecution Paras 1, 21.
-
Bail Application in Offences under Section 109 - Several cases involve bail applications filed under Sections 482 and 483 of BNSS. Courts consider factors such as the severity of allegations, stage of investigation, and whether the offence is bailable. For example, in one case, bail was granted due to sufficient grounds and investigation stage, with conditions imposed (INDKER00000477002, INDCHH00000037479). Conversely, in other cases, bail was denied owing to severity or antecedents (INDKER00000492248, INDGUJ00000207604).
-
Nature of Offences and Court Decisions - Offences under Section 109 often involve serious allegations like assault (Sections 296(b), 351(2)), and other related offences. The courts generally assess whether the offence is bailable and whether the applicant has a prima facie case or antecedents. For instance, bail was refused in a case with probable involvement and severity, while in another, bail was granted on conditions (INDKER00000404345, INDMP00000123689).
-
Role of Investigation Stage and Evidence - Courts tend to favor bail when investigations are ongoing and evidence is not conclusive, especially for less severe allegations. The decision hinges on the nature of the offence, the stage of investigation, and whether the applicant poses a threat or has prior criminal records (INDKER00000477002, INDCHH00000037479).
-
Public Prosecutor's Role - The opposition from the Public Prosecutor often highlights the seriousness of offences, especially when offences under Section 3(5) and Section 109 are involved, influencing bail decisions (INDKER00000340935).
Analysis and Conclusion:
Bail applications under Section 109 of BNSS are decided based on the severity of the offence, stage of investigation, and the applicant’s antecedents. While some courts grant bail considering investigation progress and nature of allegations, others deny it due to the seriousness of the offence or prior records. The key considerations include the presence of intent/knowledge, the bailability of the offence, and the potential threat to public order. Overall, each case is evaluated on its facts, with courts balancing individual liberty against public interest and justice Siva Sankar Naidu vs State of Andhra Pradesh - Andhra Pradesh, ABHILASH vs STATE OF KERALA - Kerala, SREENIVASAN vs STATE OF KERALA - Kerala, Kannan vs State of Kerala - Kerala, Prashant Sahu @ Pappu Sahu vs State Of Chhattisgarh - Chhattisgarh.
Search Results for "Bail Application in Offence Alleged under Section 109 of Bns"
2025 Supreme(Online)(AP) 5712 • India - High Court of Andhra Pradesh
T Mallikarjuna Rao, J
bail application in a serious offence concerning an alleged assault. ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482; Bharatiya Nyaya Sanhita, 2023, Sections 109 and 118(1) - Anticipatory ... (Paras 1, 21) ... ... (B) The role of intention and knowledge in Section 109 highlighted, asserting ... In the absence of intention or knowledge, which is the necessary ingredient of Section 3....
2025 Supreme(Online)(Ker) 58774 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
The petitioner is the sole accused in Crime No.1424 of 2025 alleged of offences under Sections 296(b), 109 and 118(1) of the Bharatiya ... This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). ... The Court found probable involvement, emphasizing the severity of the alleged crimes, and denied the bail application. ... O R D E R This Bail#H....
2025 Supreme(Online)(Ker) 34091 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. ... The petitioner apprehends arrest in Crime No.109 of 2025 registered alleging offences punishable under Sections 296(b) and 351(2) ... The court determined that the offences are bailable, hence dismissed the application as no apprehension of arrest exists. ... The learned Public Prosecutor, upon instructions, submitted that the offence#HL_EN....
2025 Supreme(Online)(Ker) 45629 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. Babu, J
The petitioner seeks bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as a sole accused in Crime No.685/2025 ... The court finds sufficient grounds for bail based on investigation stage and nature of allegations. ... The court stipulates several conditions for bail approval, while emphasizing adherence to legal expectations. ... The offence alleged against the petitioner is punishable under Section 109 (1) of Bharatiy....
2025 Supreme(Online)(Chh) 7023 • India - IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
This judgment analyzes bail application under Section 483 of the BNSS. ... Final Decision: The applicant is granted bail on conditions outlined in the order. ... The Court determines the nature of allegations against the applicant does not preclude bail. ... This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ a href="./.. ... Case of the prosecution, in brief, is that the accused is....
2025 Supreme(Online)(Mad) 49652 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.Pugalendhi, J
This judgment concerns a Criminal Original Petition under Section 528 of BNSS for bail consideration. ... Thus, it concluded that the petition for bail was dismissed. ... The said case was registered for the alleged offence punishable under Sections 191(2), 191(3), 126(2), 296(b), 118(1), 109(1), 351(3) of BNS and Section 3(1)(r), 3(1)(s), and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989. ... Therefore, the petitioners hav....
2025 Supreme(Online)(Ker) 20879 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
The Public Prosecutor opposed the bail application and submitted that the offence alleged includes Section 3(5) of BNS also. The Public Prosecutor submitted that Section 109 of BNS is also committed. ... Application is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita. ... The above case is registered against the petitioner and others alleging offences punishable unde....
2025 Supreme(Online)(MP) 7273 • India - High Court of Madhya Pradesh
SANJEEV S KALGAONKAR, J
BNSS , 2023 for grant of bail in connection with Crime No. 452/2025 registered at Police Station - Station Road, Ratlam District Ratlam (M.P.) for offence punishable under Section 103 (1), 109(1), 115(2), 296, 3(5) of the BNS, 2025. ... This first application has been filed by the applicant under Section 483 of Sections 103 (1), 109(1), 115(2), 296, 3(5) of BNS on complaint of Sanjay against the applicant and the c....
2025 Supreme(Online)(MP) 6714 • India - High Court of Madhya Pradesh
SHRI SANJEEV S KALGAONKAR, J
(A) Bail Application - Section 483 of BNSS, 2023 - Crime No. 317/2025 - Applicant seeks bail for alleged assault with a knife over ... ORDER This first application has been filed by the applicant under Section 483 of BNSS, 2023 for grant of bail in connection with Crime No. 317/2025 registered at Police Station - Nagda, District - Ujjain (M.P.) for offence punishable under Sections 109(1), 115(2),....
2025 Supreme(Online)(Guj) 9952 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. R. MENGDEY, J
In considering the application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court noted that the ... applicants were alleged to have assaulted the victim. ... The session court had dismissed their bail application due to antecedents. ... Learned Senior Advocate appearing for the applicants has submitted that the applicants have been alleged of committing an offence punishable under Section #HL_STAR....
Filter by Legal Phrase
