The absence of incriminating evidence and prior bail status of the applicants justified the grant of bail under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Order on Board

13/05/2025

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 148/2025 registered at Police Station Kotwali, Korba, District Korba (C.G.) for the offence punishable under Sections 115(2), 191, 296, 304 , 351(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’).

2. Case of the prosecution, in brief, is that the complainant, owner of a ready-made clothing shop, received information on March 10, 2025, at around 6:30 P.M., that his son had been assaulted in a fight near the old bus stand. Upon reaching the scene, he found his son injured and decided to take him to the Police Station. However, en- route, co-accused, Imran Memon allegedly verbally abused and physically attacked both the complainant and his son. Based on these allegations, an FIR was lodged against the applicants under relevant Sections of the Bharatiya Nyaya Sanhita, 2023 and subsequently, they were arrested. Hence, the bail application.

3. Learned counsel for the applicants submits that the applicants have not committed any offence and they have been falsely implicated in offence in question. He further submits that the present case is retaliatory action (counterblast) to the FIR lodged by the applicants’ father at Police Station Kotwali, Korba. The prosecution case stems from a per-existing dispute over a loan repayment, which erupted into a fight between the complainant’s son and applicant’s father. He also submits that Ashraf Memon, father of the applicants is the main accused person in present case, against whom main allegation has been levelled, so far as present applicants are concerned, no incriminating article has been recovered from them. The applicants are in jail since 11.03.2025, both the applicants have one criminal antecedent, in which, they have already been granted bail by the competent Court, as the matter has compromised between the parties, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant.

4. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case.

5. Learned counsel for the objector opposes the bail application and submits that charge-sheet has been submitted against applicants before the stipulated period. He further submits that both the applicants have one criminal antecedent under the IPC, therefore, they are not entitled for grant of bail.

6. I have heard learned counsel appearing for the parties and perused the case diary.

7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.03.2025, the fact that no incriminating article has been recovered from the possession of applicants, so far as criminal antecedent of the applicants are concerned, both the applicants have one criminal antecedent under the IPC, in which, they have already been granted bail by the competent Court, as the matter has compromised between the parties, further charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case.

8. Let the Applicants-Arman Memon and Adnan Memon, involved in Crime No. 148/2025 registered at Police Station Kotwali, Korba, District Korba (C.G.) for the offence punishable under Sections 115(2), 191, 296, 304, 351(2) of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:-

(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as