Bail can be granted even with prima facie evidence if further pre-trial detention is unjustifiable.

JUDGMENT :

Anoop Chitkara, J.

1. The petitioner incarcerated in the FIR captioned above had come up before this Court under Section 439 CrPC, seeking regular bail.

2. In paragraph 9 of the bail application and as per para 6 of the status report, the accused has the following criminal antecedents:

3. The facts and allegations are being taken from the status report filed by the State, which reads as follows:

"3. That the brief factual matrix pertaining to the present case are as follows:

4. The petitioner's counsel prays for bail by imposing any stringent conditions and contends that further pre-trial incarceration would cause an irreversible injustice to the petitioner and their family.

5. The State's counsel opposes bail and refers to the status report.

6. It would be appropriate to refer to the following portions of the status report, which read as follows:

"5. That from the aforesaid facts, the role of the petitioner and the evidence against the petitioner in the present are outlined as follows:

Role of the Petitioner:

During the course of the investigation, it has been revealed that the petitioner, along with the other nominated accused, was involved in the attack on the complainant that occurred on 11/02/2022. The statements obtained during the investigation point towards the involvement of the petitioner and the other accused in the assault against the complainant.

Evidence against the petitioner:

7. There is sufficient primafacie evidence connecting the petitioner with the alleged crime. However, as per custody certificate dated 16.09.2024, the petitioner's total custody in this FIR is 1 year, 2 months and 14 days. Given the penal provisions invoked viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allegations, and the other factors peculiar to this case, there would be no justifiability further pre-trial incarceration at this stage.

8. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for bail. This order shall come into force from the time it is uploaded on this Court's official webpage.

9. Given above, provided the petitioner is not required in any other case, the petitioner shall be released on bail in the FIR captioned above subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused.

10. While furnishing a personal bond, the petitioner shall mention the following personal identification details:

11. This order is subject to the petitioner's complying with the following terms.

12. The petiti