Case Note & Summary
The applicants, Vikas Rajput and Dilip Gavit, filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking release in connection with FIR No. 0039 of 2025 registered at Coastal Police Station, Kadaiya, Daman, for offences under Sections 140(2), 308(7) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). The FIR was lodged on 26th August 2025. The applicants had been in custody since their arrest. The prosecution alleged that the applicants, along with others, assaulted the victim with sticks and iron rods, causing injuries. The medical report indicated injuries on the victim's left arm, right forearm, and left leg, which were simple in nature. The court examined the ingredients of Section 308 BNS, which requires an act done with intent to cause death or such bodily injury as is likely to cause death. The court found that the injuries were on non-vital parts and no dangerous weapons were used, indicating lack of specific intent to cause death. The court also noted that the applicants had been in custody for a considerable period and that the investigation was complete. The court held that no prima facie case under Section 308 BNS was made out against the applicants. Consequently, the court allowed the bail application and directed the applicants to be released on bail on furnishing a personal bond of Rs. 25,000 each with one or two sureties. The court imposed conditions that the applicants shall not tamper with evidence, shall attend the trial regularly, and shall not leave the jurisdiction without prior permission.
Headnote
A) Criminal Law - Bail - Prima Facie Case - Section 439 CrPC, Sections 140(2), 308(7), 3(5) BNS - Applicants sought bail for alleged attempt to murder - Court examined FIR and injury reports, found no specific intent to cause death as required under Section 308 BNS - Held that in the absence of prima facie case, bail should be granted (Paras 1-4). B) Criminal Law - Attempt to Murder - Ingredients of Section 308 BNS - Section 308(7) BNS - The offence requires an act done with intent to cause death or such bodily injury as is likely to cause death - Mere infliction of injuries without such intent does not attract the section - Court noted that injuries were on non-vital parts and no dangerous weapons used - Held that prima facie case under Section 308 BNS is not made out (Paras 2-3).
Issue of Consideration
Whether the applicants are entitled to bail under Section 439 CrPC for offences under Sections 140(2), 308(7) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, considering the nature of allegations, evidence, and period of custody.
Final Decision
Bail application allowed. Applicants to be released on bail on furnishing a personal bond of Rs. 25,000 each with one or two sureties. Conditions: not to tamper with evidence, attend trial regularly, not leave jurisdiction without permission.
Law Points
- Bail
- Prima Facie Case
- Section 308 BNS
- Attempt to Murder
- Intent to Cause Death
- Long Incarceration
