The court held that bail should not be denied based solely on serious allegations if the injuries are minor and disputes have been settled between parties.

2 15-01-2026 Heard Mr. Dinesh Jha, learned counsel appearing on behalf of the petitioner and Mr. Jagdhar Prasad, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Tilkeshwar P.S. Case No. 82 of 2025 registered under Sections 126(2), 115(2), 117(2), 109(1), 74, 303(2), 352, 351(2), 3(5) of the BNS.

3. As per the allegation made in the FIR, the petitioner along with some other accused assaulted the informant’s family members and outraged the modesty of informant’s aunt and also committed theft.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case due to annoyance, grudge and with a view to put criminal pressure on him due land dispute pending between the parties. He further submitted that the injury sustained by the informant’s family members is not clear, as to whether, the same is simple or grievous in nature. On these grounds, the petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR, I find it apt to take note of the observation made by the Apex Court recently in case of Naushey Ali & Ors. Vs. State of Uttar Pradesh & Anr. reported in(2025)4SCC78 in para-11 to 20, which is reproduced hereinafter:

“11. Before we apply this judgment to the facts, it will be worthwhile to recall the observations of Sikri, J. in Narinder Singh (supra):-

"26. Having said so, we would hasten to add that though it is a serious offence as the accused person(s) attempted to take the life of another person/victim, at the same time the court cannot be oblivious to hard realities that many times whenever there is a quarrel between the parties leading to physical commotion and sustaining of injury by either or both the parties, there is a tendency to give it a slant of an offence under Section 307 IPC as well..."

(Emphasis supplied)

12. Coming back to Laxmi Narayan (supra), this Court has held that mere mention of Section 307 IPC in the FIR or the charge-sheet should not be the basis for adopting a hands-off approach. It has further held that it would be open for the court to examine as to whether incorporation of Section 307 IPC is there for the sake of it or whether there is evidence to back it. It has been held that the courts may go by the nature of injuries sustained; as to whether the injuries are inflicted on the vital/ delicate parts of the body and the nature of weapon used. It has also been clarified that such an exercise would be permissible after investigation and filing of chargesheet/framing of charges or during the trial. [See

15.4 of Laxmi Narayan (supra)].

13. Coming to the facts of the case, admittedly, there is a settlement between the parties. The case filed by the appellants' party which was prior in point of time and that too on the same day of occurrence, has been settled. 14. It should be recalled that, at the outset, after investigation, the police actually closed the case in its final report of 07.09.1991. It was the trial Court, which by its order of 05.09.1992, refused to accept the same and summoned the appellants. The incident is of 11.08.1991, i.e. about 33½ years back. No doubt, there is a reference to the firing in the FIR but admittedly there was no injury. The allegation is that firing was done by Abdul Waris. He is since deceased. The facts, assuming to be true, also do not make out a case of common object for the appellants under Section 149 IPC insofar as the offence of Section 307 is concerned.

15. The role attributed to the seven members, including the five appellants is not specific. General allegation was that they abused in filthy language and assaulted Mahmood with lathi and iron bars. The specific individual role was only attributed to Adbul Waris, w