Non-Fatal Injuries And Filed Charge-Sheet Warrant Bail Despite Criminal Antecedents: Rajasthan HC

The Rajasthan High Court granted bail to an accused despite pending criminal cases, noting that the injuries sustained by the complainants were simple in nature and the investigation was complete. The Bench emphasized that the continued detention of the accused was unnecessary where the trial was likely to be prolonged and no flight risk was demonstrated by the prosecution.

A Single Judge Bench of Justice Baljinder Singh Sandhu adjudicated upon the bail application filed under Section 483 of the BNSS. The petitioner sought release in connection with allegations involving an assault with weapons, challenging his continued incarceration since June 2026.

Key Takeaways

Nature of Injuries Over Weapon Type

Medical evidence showing simple injuries can outweigh allegations of being armed with sharp-edged weapons for the purpose of bail.

Impact of Parity in Bail

The Rajasthan High Court took cognizance of the fact that a co-accused had already been enlarged on bail by the trial court, supporting the petitioner's claim for similar relief.

Relevance of Criminal Antecedents

Pending cases involving minor offences do not act as an absolute bar to bail, especially when the current investigation is complete and the trial is expected to take time.

Medical Evidence and Investigative Status

The Rajasthan High Court observed that while the complainants alleged the use of axes and sharp weapons, the medical reports did not support a case of life-threatening assault. Furthermore, the recovery of only a 'lathi' contradicted the gravity of the initial allegations. The Court added that “Moreover, as per the medical report, the injuries are simple in nature and there is no injury which is dangerous to life. After completion of the investigation, the charge-sheet has already been filed against the petitioner, and he has been in custody since 15.06.2026. Moreover, co-accused Sikendra has already been enlarged on bail by the learned trial Court.”

Ratio

Under Section 483 of the BNSS, bail may be granted when the investigation is complete, the injuries are certified as simple, and there is no evidence to suggest the accused will flee from justice, even if the accused has a history of minor pending criminal cases.

Background

The dispute originated from F.I.R. No. 212/2026 at Police Station Rajgarh, where the petitioner was accused of inflicting injuries on the complainant and his brother. The prosecution invoked several sections of the BNS, including 109(1), 115(2), and 191(3). The petitioner’s counsel argued that the allegations were inconsistent with the recoveries and medical evidence. Despite the Public Prosecutor's opposition based on the petitioner's criminal history, the Rajasthan High Court noted that the previous cases pertained to IPC offences like Sections 323 and 341, which remained pending. Concluding that the trial would consume significant time, the court allowed the application.

Case Details:
Case No.: S.B. Criminal Miscellaneous Bail Application No. 8936/2026
Neutral Citation: 2026:RJ-JD:46465
Case Title: Vinod Kumar @ Vijendra v. State Of Rajasthan
Appearances:
For the Petitioner(s): Mr. Vikas Bijarnia, Mr. Sunil Fageria
For the Respondent(s): Mr. H.S. Jodha, PP

Source: 2026 CaseBase(RAJ) 22430