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Judgment
N.S.Shekhawat J. (Oral)
The petitioner has filed the second petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023/439 of the Cr.P.C. with a prayer to grant regular bail to him in case FIR No.207 dated 22.10.2025 registered under Sections 115(2), 109, 351(3), 3(5) of BNS, 2023 (Sections 323, 307, 506, 34 of IPC) at Police Station Division No.1, District Jalandhar.
Learned counsel for the petitioner contends that as per the prosecution version, the petitioner was armed with a karra and had caused injuries on the right eye of the injured. Thereafter, the petitioner alongwith other accused had taken the injured to the second floor and he was pushed from there. Learned counsel further submits that Lakhwinder Singh @ Lucky, injured already stands discharged from the hospital and is hale and hearty. After completion of the investigation, challan has already been presented against the petitioner. During trial, only three witnesses, out of total 12 witnesses, have been examined so far and there are no chances of early conclusion of the trial. Moreover, Amar Pal, co-accused has already been granted the concession of bail by this Court vide order dated 01.07.2026 (Annexure P-2).
On the other hand, learned State counsel has vehemently opposed the submissions made by learned counsel for the petitioner on the ground that serious allegations have been levelled against the present petitioner and he does not deserve the concession of bail by this Court.
I have heard the learned counsel for the parties and perused the record.
In the present case, it is apparent that Amar Pal, who had allegedly participated with the petitioner in the crime, has already been granted the concession of bail by this Court vide order dated 01.07.2026 (Annexure P-3). The petitioner is also stated to be in custody for the last more than 10 months. Moreover, the complainant/injured has already been examined in the present case and there are no chances of tampering with the prosecution evidence.
Without commenting on the merits of the case, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing bail bonds/surety bonds to the satisfaction of the trial Court/Duty Magistrate/Chief Judicial Magistrate, concerned, subject to the following conditions:-
The petitioner 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 to disclose such facts to the Court or to any other authority.
The petitioner shall remain present before the Court on the dates fixed for hearing of the case.
The petitioner shall not absent himself from the Court proceedings except on the prior permission of the Court concerned.
The petitioner shall surrender his passport, if any, (if already not surrendered), and in case he is not holder of the same, he shall swear an affidavit to that effect.
The petitioner shall also file his affidavit before the concerned Court, mentioning his ordinary place of residence and number of mobile phone, which shall be used by him during the pendency of the trial. In case of change of place of residence/mobile number, he shall share the details with the concerned Court/learned Trial Court.
In case, the petitioner involves in any other criminal activity, during the pendency of the trial, it shall be viewed seriously.
The concerned Court may insist on two heavy local sureties and may also impose any other condition, in accordance with law, while accepting the bails bonds and surety bonds of the petitioner.