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Judgment
N.S.SHEKHAWAT ,J.(Oral)
The petitioner has filed the instant petition under Section Section 483 of BNSS, 2023 with a prayer to grant a regular bail in case FIR No. 41 dated 16.03.2026 (Annexure P-6) under Sections 109(1) [307 of IPC], 190 [149 of IPC], 191(3) [154 of IPC], 333 [452 of IPC] & 351(2) [506 of IPC] of Bharatiya Nyaya Sanhita, 2023 and Section 25 of the Arms Act, 1959 registered at P.S. Civil Line Jind, District Jind.
Learned counsel further petitioner submits that, as per the prosecution version, the petitioner was allegedly armed with a gandasa initially and caused injuries to co-accused Mahender. Later on, he allegedly took a pistol from the co-accused and opened fire on the complainant party. However, no firearm injury was suffered by any of the injured in the present case. Learned counsel further submits that the injuries suffered by Mahender and Kitabo have been declared to be simple in nature. The petitioner is stated to be in custody since 16th March 2026, and the challan has already been presented against him. Apart from that, even the CCTV footage was also taken into possession by the police, and it was found that the complainant party was the real aggressor in the present case. Moreover, co-accused Mahender has already been granted the concession of bail by this Court vide order dated 08.07.2026 (Annexure P-13).
On the other hand, learned State counsel has vehemently opposed the prayer made by the learned counsel for the petitioner on the ground that there are serious allegations against the petitioner and the petitioner is not entitled for the concession of regular bail. He further submits that two more FIRs have been registered against the petitioner.
I have heard learned counsel for the parties and perused the record.
It is not in dispute that the injuries suffered by Mahender, injured and the complainant have been declared to be simple in nature. The injured already stands discharged from the hospital. Apart from that, the petitioner is stated to be in custody for the last about five months and the co-accused Mahender has already been granted the concession of bail by this Court vide order dated 08.07.2026 (Annexure P-13).
In view of the above, without commenting any further on the merits, the present petition is allowed and the petitioner is ordered to be released on bail on his furnishing bail bonds/surety bonds to the satisfaction of the learned trial Court/Duty Magistrate/CJM concerned.