Bail recognized despite serious allegations and prior criminal history, emphasizing detention time as a factor for granting bail.

ORDER

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

2. Petitioner is the fifth accused in Crime No.810 of 2025 of Kondotty Police Station, Malappuram, registered for the offences punishable under Sections 140(1), 140(3), 109, 61(2), 127(7), 118(2) and 311 r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. According to the prosecution, on 13.07.2025, the accused, in furtherance of their common intention, abducted the de facto complainant’s brother and assaulted him with a wooden stick and an iron rod, causing serious injuries and also robbed him of his mobile phone and thereby the accused committed the offences alleged. Petitioner was arrested on 21.07.2025 and he has been in custody since then.

4. Heard Sri.K.Rakesh, the learned Counsel for the petitioner as well as Sri.Prasanth M.P., the learned Public Prosecutor.

5. The learned counsel for the petitioner contended that the prosecution allegations are false and that petitioner has been in custody from 21.07.2025 and he ought to be released on bail.

6. The learned Public Prosecutor opposed the bail application and submitted that petitioner is involved in five other crimes, of which three are the offences committed under the NDPS Act, while one is for an offence under Section 395 of the Indian Penal Code, 1860 and, therefore, petitioner ought not to be released on bail.

7. Petitioner, along with other accused, is alleged to have assaulted the brother of the de facto complainant after restraining him. An iron rod was also used to inflict serious injuries on him. Though the learned Public Prosecutor pointed out that petitioner has other criminal antecedents, which are serious in nature, considering the nature of allegations in the present case, as also the period of detention already undergone by him, those antecedents need not deter this Court from grating bail to the petitioner. Therefore, petitioner ought to be released on bail.

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.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.