Accused-petitioner granted bail due to lack of criminal antecedents and insufficient evidence linking him to the injury caused, as allegations primarily attributed to co-accused.

Order :

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.511/2024 registered at Police Station Bhawani Mandi, District Jhalawar for the offence(s) under Sections 115(2), 126(2), 352 and 3(5) of BNS.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the specific allegation of causing head injury to the injured Prithviraj Singh is attributed to other person Tushar Mehra. The accused-petitioner did not cause any injury to the injured Prithviraj Singh. There was no intention on part of accused-petitioner to cause any injury or to commit any offence. The offence was committed by the other co-accused. There are no criminal antecedents present against the accused-petitioner and he is in custody since long and charge-sheet has already been produced before the concerned Court, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application and contended that as a result of injury caused by the accused-petitioner and other co-accused, the injured Prithviraj Singh sustained grievous injury at his frontal region, therefore, considering the specific act of the accused-petitioner, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. Considering the fact that injured Privthraj Singh, in the statements rendered under Section 161 of Cr.P.C., have specifically stated that the other co-accused Tushar Mehra caused injury at his head with the aid of iron rod. There is no allegation against the present petitioner except that the accused-petitioner catch hold off the collar of the injured. There are no criminal antecedents against the accused-petitioner, therefore, considering the above facts and without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused- petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Pawan Prajapat S/o Kaluram Prajapat in connection with FIR No.511/2024 registered at Police Station Bhawani Mandi, District Jhalawar, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.