Bail granted where prosecution does not establish specific involvement of accused in alleged crime.

ORDER

This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS ’).

2. Petitioner is the 8^th accused in Crime No.1328 of 2025 of Kattapana Police Station, Idukki, registered for the offences punishable under Sections 296 (b), 333, 118(1), 76, 324(4)(5), 189(2), 191(2) r/w Section 190 , 126(2), and 115(2) of the Bharatiya Nyaya Sanhita , 2023

3. The prosecution case is that, on 03.08.2025 accused formed themselves into an unlawful assembly and in prosecution of their common object trespassed into the house of the defacto complainant, and uttered obscene words while accused Nos.4 to 10 pushed him to the ground and kicked him and also uttered obscene words against the wife of the defacto complainant and accused No.1 twisted her left hand and thereby committed the offences alleged. Petitioner was arrested on 04.08.2025 and he has been in custody since then.

4. Sri.P.S.Abdul Kareem, the learned Counsel for the petitioner, submitted that the prosecution allegations are false and that he has no involvement in the alleged crime. It was further submitted that the petitioner has been in custody from 04.08.2025, and therefore, further custody is not necessary.

5. Smt.Sreeja V., the learned Public Prosecutor opposed the bail application and submitted that the allegations are serious and that petitioner ought not to be released on bail.

6. Prosecution alleges that the accused had assaulted the defacto complainant and uttered obscene words. On a perusal of the FIR , it is noticed that, no specific overt act has been alleged against the petitioner except for a vague allegation that the petitioner along with other accused had assaulted the defacto complainant.

7. Considering the period of detention already undergone by the petitioner from 04.08.2025 and also the nature of allegations, I am of the view that further detention is not necessary. Therefore, the petitioner is entitled to be released on bail subject to strict conditions.

8. In the result, this bail application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating OfÏcer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.