Regular bail can be granted considering the accused's custody duration, previous bail grants, and the completion of the investigation.

ORDER

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

2. The applicant is the accused in Crime No.43/2024 of Meppadi Police Station, Wayanad District which is now pending as SC No.193/2024 on the files of the Additional Sessions Court-I, Kalpetta. The offences alleged are punishable under Sections 341 , 323, 506(1), 324, 307, 326 and 201 of the IPC .

3. The prosecution case, in short, is that on

18.01.2024 at about 6.45 pm at Thazhe Arapatta in Moopainad Amsom, the applicant, on account of enmity, with intent to kill one Vipindas, aged 34 years, stabbed him on his abdomen with a knife. The injured was hospitalized for more than 22 days. The applicant also disposed the knife with a view to destroy the evidence and thereby committed the offences.

4. I have heard Sri. B. Jayabal, the learned counsel for the applicant and Sri. M.C. Ashi, 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 bail. On the other hand, the learned Senior 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 19.1.2024. The investigation is almost over and final report has been filed. It is true that the applicant has criminal antecedents. The learned counsel for the applicant has produced documents to show that out of the five cases pending against the applicant, in three cases, he was granted bail. Considering the fact that he is in custody for about two years and final report was filed, I am inclined to grant him 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.