The court established the criteria for granting bail under Section 483, emphasizing factors like antecedents, nature of allegations, and risk of tampering.

ORAL ORDER

1. The applicants have filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 for enlarging the applicants on regular bail in connection with FIR being CR. No.11216011250192 of 2025 registered with Infocity Police Station, Gandhinagar.

2. Rule. Learned APP waives service of notice of Rule on behalf of the Respondent – State, learned Advocate Mr. Harisingh Sodha waives service of notice on behalf of original complainant.

3. Learned Senior Advocate appearing for the applicants has submitted that the applicants have been alleged of committing an offence punishable under Section 109 of BNS, 2023. All the other co-accused have been considered for grant of bail either by this Court or by the learned Sessions Court. The application filed by the applicants was dismissed by the learned Sessions Court mainly on the grounds of both the applicants having other antecedents. The condition of the victim is stated to be stable and out of danger. He further submitted that the applicants have good reputation in the society and no useful purpose would be served by keeping the applicants in Jail for indefinite period. It is further contended that the applicants are ready and willing to abide by all the conditions that may be imposed by this Court if released on bail.

4. Per contra, learned APP has opposed the present application contending that the applicant No.1 had assaulted the victim with an iron pipe whereas the other applicant had assaulted the victim with kick and fist blows. Because of the assault, the victim had sustained severe injuries. Both the applicants are having antecedents for committing serious offences. Learned APP has, therefore, submitted that looking to the nature of offence, this Court may not exercise the discretion in favour of the applicants and the application may be dismissed.

5. Learned Senior Advocate Mr. Asim Pandya appearing for the original complainant has also opposed the application contending that the applicant herein had brutally assaulted the victim and because of the assault, the victim had sustained severe injuries. Both the applicants are having antecedents for committing serious offences. He also submitted that before this Court could hear the present application, it was declared on the social media that the applicants would come out from the Jail within no time. He further submitted that pending the present application, the other co-accused who have been considered for grant of bail had threatened and assaulted the first informant. Thus, there are all chances that if the applicants are ordered to be enlarged on bail, some untoward incident may take place. He, therefore, submitted to dismiss the application.

6. Heard learned Advocates for the parties and perused the record. As per the case of prosecution, the applicants herein are alleged to have assaulted the victim with an iron pipe and kick and fist blows respectively. The condition of the victim is stated to be stable and out of danger. Having regard to these aspects, the present application deserves consideration, hence the present application is hereby allowed. This Court has also considered the following aspects:

(a) As per catena of decisions of Hon’ble Supreme Court, there are mainly

3 factors which are required to be considered by this court i.e. prima- facie case, availability of Applicants accused at the time of trial and tampering and hampering with the witnesses by the accused.

(b) That the learned Advocate for the Applicants has submitted that the Applicants Accused are not likely to flee away.

(c) That the Applicants are in custody.

(d) The law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. C.B.I. reported in (2012) 1 SCC 40.

7. Ha