The seriousness of the offense and lack of changed circumstances preclude bail for the applicant.

ORDER

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

2. The applicant is the accused No.1 in Crime No.2833/2025 of Thiruvalla Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 118(1), 109 and 296(b) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

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

9.11.2025 at about 8.00 pm, while the accused and the defacto complainant were present at Elite Bar, Thiruvalla, the applicant, due to some previous enmity, entered into a verbal altercation with the defcto complainant and stated that he would kill him. In furtherance, the applicant hit him on his head using a beer bottle and at that time, the accused Nos. 2 to 6 stating that the defacto complainant needs to be killed, threw beer bottles and soda bottles at him causing injuries to the head and face of the defacto complainant and thereby committed the offences.

4. I have heard Sri. K.V. Anil Kumar, the learned counsel for the applicant and Sri. K.A. Noushad, 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 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.

The applicant was remanded to judicial custody on

24.11.2025. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The first bail application was dismissed taking note of the serious nature of the crime, the overt act of the applicant and also the criminal antecedents of the applicant. The applicant is involved in 16 other cases. The first bail application was dismissed on 13.1.2026. Immediately after a period of one month, the applicant has approached this Court without any change of circumstances. Considering the nature of the crime, the gravity of the offence, the complicity of the applicant in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.

Sd/-