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Judgment
The accused/applicant seeks regular bail in case FIR No. 141/2026 of PS Model Town for offence under Section 110/3(5) of BNS and Section 25/27 of Arms Act.
Broadly speaking, the prosecution case is that on 30.04.2026, the present accused/applicant and his son [Child in Conflict with Law] assaulted the victim. In the said assault, the present accused/applicant gave one blow with PVC pipe on head of the victim while the CCL gave four knife blows below waist of the victim.
Learned counsel for accused/applicant submits that he is innocent and has been falsely implicated. It is also submitted that keeping in mind the nature of injuries and the weapons allegedly used, at the most it is a case of causing simple hurt, for which the injured was discharged from hospital on the same day after medical treatment.
Learned APP assisted by IO/SI Satish Kumar accepts notice and strongly opposes the bail application. It is contended that the offence alleged against the accused/applicant is of attempt to commit murder, because the injury inflicted on the victim was on vital part.
I have examined the MLC of the victim, shown by the IO. As per the same, the victim was found to have suffered one lacerated wound on temporoparietal region and four lacerated wounds below waist. The weapon allegedly used by the present accused/applicant was a PVC pipe. I find substance in the submission of learned counsel for accused/applicant that these factors do not indicate it to be a case of attempt to murder. However, on this aspect, learned trial court shall take independent view at appropriate stage.
For present purposes, it is also not in dispute that the injured got discharged on the same day after medical treatment and the present accused/applicant is in jail since 30.04.2026.
Considering the above circumstances, I do not find any reason to deprive further liberty to the accused/applicant. Therefore, the bail application is allowed and 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/Duty Magistrate. The accompanying applications stand disposed of.
A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the accused/applicant.