The court granted bail due to prolonged custody and lack of serious injury charges, setting aside the lower court's rejection based on insufficient grounds.

Order :

1.The instant appeal has been filed under Section 21 (4) of the National Investigation Agency Act, 2008 against the order dated 07.10.2024 passed by learned Additional Sessions Judge-I, Madhupur in B.P. No.162 of 2024 whereby and whereunder the prayer for regular bail of the appellant in connection with Madhupur P.S. Case No.252 of 2023 (corresponding to G.R. Case No.361 of 2024), registered for the offences under Sections 147 , 148, 149, 323, 325, 307 and 379 of the INDIAN PENAL CODE and Section 3 /4 of the Explosive Substances Act, has been rejected.

2. Learned counsel appearing for the appellant has submitted that it is a case where no final form has been submitted for offence under Section 3 /4 of the Explosive Substances Act.

3. It has been submitted that the charge-sheet has been submitted for commission of offences under Sections 147 , 148, 149, 341, 323, 325 and307 of the I.P.C.

4. It has been submitted that the nature of injury is also not so serious and whatever act has been conducted by the appellant, he has already been remained in custody since 26.09.2024. As such, the charge-sheet has been submitted but as yet the charge has not been framed.

3. Learned counsel, based upon the aforesaid ground, has submitted that it is, therefore, a fit case to interfere with the impugned order.

4. While on the other hand, Mr. Abhay Kr. Tiwari, learned Additional Public Prosecutor, appearing for the State, has vehemently opposed the prayer to interfere with the impugned order.

5. We have heard learned counsel for the parties and gone through the finding recorded by the learned Court below in the impugned order as also the case diary.

6. This Court after taking into consideration, the nature of injury and the charge-sheet has not been submitted under Section 3 /4 of the Explosive Substances Act. Although, the appellant is having one criminal antecedent but it is evident from the affidavit filed on behalf of the appellant that in the said case, he has been allowed to be released on bail.

7. Considering the aforesaid facts, this Court is, therefore, of the view that the order dated 07.10.2024 passed by learned Additional Sessions Judge-I, Madhupur in B.P. No.162 of 2024, is hereby quashed and set aside.

8. In consequence thereof, the instant appeal stands allowed

9. Accordingly, the appellant, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-I, Madhupur in connection with Madhupur P.S. Case No.252 of 2023 (corresponding to G.R. Case No.361 of 2024), subject to the condition that the appellant shall appear before the court concerned on each and every date. Further, he shall not commit such type of offence in future and in case of repetition of the offence, it will be available for the Investigating Officer to make an application for cancellation of bail bond.

10. The instant criminal appeal stands disposed of.