Pre-arrest bail is granted when evidence of participation in the crime is insufficient and the applicant has a clean antecedent record.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 28-01-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Thakurganj P.S. Case No. 174 of 2025, registered for the offences punishable under Sections 126(2), 127(2), 115(2), 308(2), 308(5), 303(2), 352 and 3(5) of the Indian Penal Code .

3. Allegedly, while the informant along with his helper was going on a ten wheeler truck loaded with cattles from Muzaffarnagar (Uttar Pradesh) to Assam, in the meanwhile, altogether 10-12 persons, who were coming on three cars intercepted them just before the toll gate. The miscreants pulled out the informant from truck and snatched Rs. 1500/- and kept the cattles in captivation and started demanding Rs. One lakh as extortion. The accused persons also assaulted the driver and the helper.

4. Learned Advocate for the petitioner submitted that the FIR has been instituted against six named accused persons and 8-10 unknown persons. Admittedly in the said incidence, none of the persons has sustained any injury, as there is no injury report collected during the course of investigation. Moreover, the name of the petitioner has surfaced during the course of investigation on the disclosure made by seizure list witnesses, however, it has not been disclosed that as to in what manner, the petitioner has participated in crime. The petitioner bears fair antecedent and it is not the case that the informant and his helper has disclosed about the complicity of the petitioner.

5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the complicity of the petitioner has transpired during the course of investigation.

6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the fact that the name of the petitioner has transpired during the course of investigation on the disclosure made by the seizure list witnesses, however, the mode and manner of his participation has not been disclosed besides the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kishanganj in connection with Thakurganj P.S. Case No. 174 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)