Bail granted considering unexplained FIR delay and nature of injuries, balancing personal liberty against allegations.

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

2 04-02-2026 Heard learned Advocate for the petitioners, State and the learned Advocate for the informant.

2. The petitioners are apprehending their arrest in connection with Makhdumpur P.S. Case No. 733 of 2025 registered for the offences punishable under Sections 126 (2), 115(2), 109, 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. In the evening of the fateful day, while the informant was returning home, in the meanwhile, both the petitioners surrounded him and wrapped a towel around his neck and started dragging; thereupon petitioner no.1 brutally assaulted by means of lathi and left him in a semi-conscious state.

4. Learned Advocate for the petitioners submitted that the alleged occurrence took place on 13.09.2025, but the present F.I.R. came to be instituted on 20.09.2025 without their being any explanation for delay. The injuries, which are allegedly sustained to the informant, the same have also been found to be simple in nature, as is evident from the order passed by the learned Sessions Judge. The reason behind the false implication of the petitioners is said to be previous animosity. The petitioners are men of fair antecedent and they undertake that they will fully cooperate in the proceeding of the court. 5. On the other hand, learned APP for the State and the informant vehemently opposed the bail application and submit that the informant is a septuagenarian and he was brutally assaulted by both the petitioners.

6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the unexplained delay in institution of the F.I.R., coupled with the simple injury, besides the fair antecedent of the petitioners, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- I, Jehanabad in connection with Makhdumpur P.S. Case No. 733 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners.

(Harish Kumar, J)