Bail granted due to lack of specific allegations and considering the custody duration.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

2 04-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Fesar P.S. Case No. 28 of 2025 dated 16.03.2025, registered for the offences punishable under Sections 126(2), 115(2), 61(2), 109, 351(2), 352, 303(2) read with Section 3(5) of the B.N.S. , 2023.

3. As per the prosecution case, petitioner and other co-accused persons assaulted the father of the informant with rod and sharp edged weapons causing injuries to him.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner and five accused persons for assaulting the father of the informant. The injury report does not show any sharp cut injury. Only two lacerated wounds have been found on left parietal region and occipital region of sizes 5” x 0.3” x 0.3” and 3” x 0.3” x 0.3” respectively. It also appears from the rejection order that a depressed fracture and contusion were found on the head of the father of the informant. However, the allegation for assault on father of the informant is not specific against this petitioner. There is a counter version and Fesar P.S. Case No. 29 of 2025 has been instituted by the petitioner’s side against the informant and others. Learned counsel next submits that petitioner is having clean antecedent and chargesheet has been submitted. Learned counsel lastly submits that petitioner is in custody since 07.08.2025.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and further considering his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail B.N.S. of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad / concerned Court, in connection with Fesar P.S. Case No. 28 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S. S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J)

Shahnawaz/-