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Judgment
This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 391/2026 registered at Police Station : Masturi, District : Bilaspur (C.G.) for the offence punishable under 119(1), 296, 115(2), 351(3) and 118(2) of Bhartiya Nyaya Sanhita, 2023.
The prosecution story in brief is that on 20.06.2026, the complainant went to village to attend a marriage ceremony and while returning, he was stopped by the applicant and asked for money for drinking liquor. When the complainant denied, applicant physically assaulted him. FIR was lodged on 21.06.2026, police registered offence and arrested the applicant on same date.
Learned counsel for the applicant submits that the medical report has revealed that injuries sustained by the complainant were simple in nature. She further submits that applicant has no criminal antecedents, charge-sheet has been filed and applicant is in jail since 21.06.2026, conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant.
On the other hand, the learned State counsel opposes the bail application of the present applicant. She further submits that complainant suffered lacerated wound over left ear, swelling over left elbow and lips and multiple abrasions on frontal lobe, nose and left shoulder. Hence, he is not entitled for grant of bail.
I have heard learned counsel for the parties and perused the case diary.
Admittedly, the presence of the applicant in commission of the afore-stated offence is not disputed. Though the medical officer found the injuries sustained by the complainant to be serious in nature but no bony injury was detected. Also considering the fact charge-sheet has been filed and applicant has been in jail since 21.06.2026, the trial is likely to take sometime for its conclusion. Therefore, I am of the opinion that the applicant is entitled to be released on bail in this case.
It is directed that in the event of the applicant executing a personal bond for a sum of Rs. 50,000/- to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-
he shall make himself available for interrogation by the police officer as and when required;
(b)he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court; and
he shall not act in any manner which will be prejudicial to a fair and expeditious trial.
The observation made hereinabove is for the purpose of deciding this bail application only, the learned trial Court shall decide the case on its own merits.