Case Note & Summary
The applicants, Ankush Singh and Jatin Patel, filed a bail application under the Bharatiya Nyaya Sanhita, 2023, 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) BNS. The FIR was lodged on 26th August 2025, alleging that the applicants, along with others, attacked the complainant with weapons, causing injuries. The police filed a final report on 17th October 2025. The applicants argued that the FIR was delayed, the injuries were not grievous, and there was no prima facie case against them. The respondent, Union Territory of Daman & Diu, opposed the bail, citing the seriousness of the offences. The court, after considering the submissions and evidence, noted that the medical reports did not show grievous injuries, the FIR was filed after a delay, and no specific overt acts were attributed to the applicants. The court held that continued detention was not justified and granted bail to both applicants on certain conditions.
Headnote
A) Criminal Law - Bail - Prima Facie Case - Sections 140(2), 308(7), 3(5) Bharatiya Nyaya Sanhita, 2023 - Applicants sought bail for alleged attempt to murder and rioting - Court held that absence of grievous injuries, delay in FIR, and lack of specific overt acts justified bail - Held that bail is the rule and jail is the exception, and continued detention not warranted (Paras 1-4).
Issue of Consideration
Whether the applicants are entitled to bail under the Bharatiya Nyaya Sanhita, 2023, considering the nature of allegations, evidence, and delay in lodging the FIR.
Final Decision
Bail granted to both applicants on conditions.
Law Points
- Bail
- Prima Facie Case
- Delay in FIR
- Section 140(2) BNS
- Section 308(7) BNS
- Section 3(5) BNS
