Bail can be granted based on age, lack of antecedents, and significant time already served, ensuring conditions are set to prevent influence on witnesses.

JUDGMENT :

ANOOP CHITKARA, J.

1. The petitioner incarcerated in the FIR captioned above came before this Court under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, [ BNSS ], seeking regular bail.

2. In paragraph 10 of the bail petition, the accused declares that he has no criminal antecedents.

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

“2. That the present case was registered on application of Sonu Sharma son of Gopal Sharma in which he submitted that on 06.01.2025, at about 6.22 P.M. he received a call from an unknown person that his brother (Naveen) was lying on Pur road in injured condition, upon which, he reached at the spot and found that his brother was lying there in injured condition and blood was oozing from the injuries. He shifted his brother to Civil Hospital, Bawani Khera from where his brother was referred to Bhiwani. His brother disclosed to him that when he was going for walking towards village Pur, an Alto car came from behind and directly hit him. When he got up and started walking, then three persons alighted from the said car, blocked his way and caused injuries with "Farsa" and iron rod on his hands, legs and head and also extended threats to kill him. Thereafter, out of them one stated that Raj Kumar someone is coming, let's go. After that they left him and went away. His brother has already having a dispute with his maternal uncle's sons namely Jogender and Bhupender and he has suspicion that they caused the injuries to Naveen. Request was made to trace out the culprits and take appropriate legal action against them. True translated copy of FIR is already annexed with the petition as Annexure P-1.

3. That Medical Officer found six injuries on person of injured Naveen. The complete copy of MLR is already annexed with petition as Annexure P-3. Injuries on person of injured Naveen are as under:-

i) Laceration of 0.5 cm and 0.2 cm over left leg adv xray left leg ortho opinion.

ii) Swelling over right leg adv xray right leg ortho opinion.

iii) Swelling of 4*4 cm over left forearm and wrist adv xray left forearm ortho opinion.

iv) Swelling of 5*4 cm over right forearm with bone protruding out adv xray right forearm with wrist ortho opinion.

v) Laceration of 6*2 cm over right side of forehead adv ncct head sx opinion.

vi) Laceration of 03.0*2 cm with swelling over right arm adv xray right arm ortho opinion.”

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 petitioner’s counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and may do so at their discretion, to which the petitioner shall have no objection.

6. The State’s counsel opposes bail and refers to para 20 of the reply, which read as follows:

“20. That present petitioner is named in FIR. He actively participated in this crime by hatching conspiracy of this crime with co-accused person Bhupender and he also pointed out place of conspiracy. The present petitioner