The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.

Order :

1. This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.123/2024 registered at Police Station Ghantali, District Pratapgarh for the offences under Sections 103(1) and 45/49 of BNS.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Drawing attention of the Court towards the FIR and the challan papers, learned counsel submitted that as per the prosecution, on being provoked by the petitioner, co-accused persons namely Mahendra and Sandeep inflicted head injury to the deceased- Shambhura with a sharp weapon (axe). Learned counsel further submitted that the sharp weapon allegedly used in commission of the crime has been recovered from the co-accused Mahendra.

4. Learned counsel submitted that the petitioner has been falsely implicated in the present case. There is no eye-witness of the alleged incident and, therefore, the allegation levelled against the petitioner for provoking co-accused persons to commit the alleged crime has been levelled only on the basis of conjunctures and surmises.

5. Lastly, learned counsel submitted that the petitioner is in judicial custody; challan has already been filed before the competent criminal Court and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that there is no eye-witness of the alleged incident. He was also not in a position to refute the fact that the specific allegation of inflicting fatal injury upon the deceased- Shambhura has been levelled against co-accused persons.

7. Having considered the rival submissions, facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the bail application under Section 483 BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Shantilal S/o Rajeng arrested in connection with F.I.R. No.123/2024 registered at Police Station Ghantali, District Pratapgarh shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

9. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.