Bail granted due to lack of evidence linking the accused to the crime, emphasizing the presumption of innocence.

ORDER

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ) seeking regular bail.

2. The applicant is the accused No.4 in Crime No.656/2025 of Mavelikkara Police Station, Alappuzha. The offences alleged are punishable under Sections 296 (b), 351(2), 329(3), 189(2), 191(2), 191(3), 190, 118(1), 324(4) and 109(1)

of the Bharatiya Nyaya Sanhita ( BNS ).

3. The prosecution case, in short, is that, the accused No.2 came along with Abhijith, who is a mutual friend of both the accused No.2 and the de facto complainant, and due to enmity towards the de facto complainant for scolding Abhijith, the 2^nd accused abused the de facto complainant using filthy language. Later the accused No.2, along with his friends, came to the courtyard of the de facto complainant's house and threatened to kill him. Subsequently on 06/07/2025 at around 10:30 PM, accused Nos. 1 to 7 unlawfully assembled armed with deadly weapons such as sticks, a bike’s shock absorber, and beer bottles, and in furtherance of their common object of causing grievous bodily harm likely to cause the death of the de facto complainant, trespassed into the courtyard of the house where the de facto complainant was residing on rent. When the de facto complainant came out, the accused No.1 attempted to kill him by slashing the right side of his neck with a sword. When the de facto complainant's friend Akash tried to intervene, the accused No.1 inflicted a deep wound on the middle finger of Akash’s left hand using the same sword. At that time, the accused No.2 struck the de facto complainant on the back of his right hand with the shock absorber he was carrying, and then grabbed the de facto complainant’s wife by her hair. Then accused Nos. 3 to 6 threw beer bottles at the de facto complainant, his friends, his mother who had come out of the house, and his wife. They also damaged the upper part of the house gate and vandalized the windows of a Thar jeep parked in front of the gate, which belonged to the de facto complainant’s friend, Sumit. Based on these allegations, the applicant is alleged to have committed the above said offences.

4. I have heard Sri.Nirmal V. Nair, the learned counsel for the applicant and Sri. Noushad K.A., the learned Senior Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime;

hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

6. The applicant was remanded to judicial custody on 8.7.2025. The non bailable offence alleged against the applicant is under Sections 118 (1) and 109(1) of BNS . The investigation is over and the recovery has already been effected. There are no criminal antecedents against the applicant. For these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall fully co-operate with the investigation.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear be