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Judgment
Hon’ble Shri Justice Rakesh Mohan Pandey
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. 361/2026 registered at Police Station : Urla, District : Raipur (C.G.), for the offence punishable under Sections 296, 115(2), 351(2) and 3(5) of BNS, 2023 and Sections 25 and 27 of Arms Act.
The prosecution story in brief, is that applicant apprehended the complainant and hurled abuses at him. Applicant also assaulted the complainant using hands and fists, knife and wooden club. Thereafter, the complainant lodged FIR against the applicant and he was arrested on 06.08.2026.
Learned Counsel for the applicant submits that the present applicant has falsely been implicated in this case and the injuries sustained the complainant are simple in nature. He further submits that applicant has 02 criminal antecedents pertaining to years 2019 and 2023 and the same have been duly explained in Part-D (Criminal Antecedents) of the present bail application. He also submits that charge-sheet has been filed and the present applicant has been in jail since 06.08.2026, conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant.
On the other hand, learned counsel for the State, opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She also submits that the applicant has 02 criminal antecedents, therefore he is not entitled for grant of regular bail in the present case.
I have heard learned counsel appearing for the parties and perused the case diary.
Perusal of the medical documents annexed to the case diary would reveal that the injuries sustained by the complainant are simple in nature. Furthermore, applicant has 02 criminal antecedents pertaining to years 2019 and 2023 and the same have been properly explained in the instant bail application. Charge-sheet has been filed, he is languishing in jail since 06.08.2026 and conclusion of the trial may take some more time, therefore, this Court is of the view that the applicant is entitled to be released on bail at this stage.
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.