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Judgment
The accused/applicant seeks regular bail in case FIR No. 627/2024 of PS Bharat Nagar for offence under Section 109(1)/3(5) BNS.
Broadly speaking, allegation of the prosecution is that on the night intervening 26.09.2024 and 27.09.2024, the complainant de facto suffered stab injury on right scapular region and he alleged the assailants to be Suraj and the present accused/applicant. According to prosecution case, the stabbing was done by Suraj while the present accused/applicant was accompanying Suraj.
Learned counsel for accused/applicant submits that the alleged assailant Suraj has already been released on bail. It is further submitted that the complainant de facto in his chief-examination before the trial court turned hostile to prosecution and stated that at the time of alleged incident, he was consuming liquor and some unidentified person stabbed him.
Learned APP for State assisted by Investigating Officer/SI Sonal Raj opposes the bail application on the ground that the accused/applicant had absconded and could be arrested only after one year of the alleged incident. Learned APP for State submits that the knife used in stabbing was handed over to Suraj by the present accused/applicant. However, it is not denied that the complainant de facto was discharged from hospital on the same day of the incident and the MLC also shows that he was under influence of liquor.
Considering the overall circumstances described above, the bail application is allowed and the accused/applicant is directed to be released on bail subject to his furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the Trial Court.
A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.
Accompanying application also stands disposed of.