Pre-arrest bail may be granted in cases involving allegations of serious offenses if evidence does not substantiate the charge.

2 15-01-2026 Heard Ms. Mili Kumari, learned counsel appearing on behalf of the petitioner and Mr. Ganesh Prasad Singh, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Pator (Patour) P.S. Case No. 53 of 2025 registered under Sections 126(2), 115(2), 109(1), 303(2) and 3(5) of the BNS.

3. The prosecution's brief is that on May 25, 2025, at around noon, the informant was dumping soil on his land when Umadhar Yadav arrived and pushed his father, Shobhit Yadav, telling him not to dump soil there. When the informant went to pick up his father, Kaladhar Yadav and Umadhar Yadav, armed with a sickle and an axe, struck him on the head, causing profuse bleeding. When Pramod Yadav, Manish Yadav, and his brother-in-law came to his rescue, Birendra Yadav, Jai Jai Yadav, Anaro Devi, Kalash Devi, and Mithilesh Yadav, all armed with sticks, began assaulting him. When his wife, Khushboo Devi, came to his rescue, Anaro Devi began hitting her with a brick and snatched the gold mangalsutra from her neck.The informant fell unconscious to the ground. The family immediately rushed her to C&C Bahadurpur for treatment and then referred her to DMCH for better treatment..

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. He further submitted that the injury sustained by the informant and his family members is not clear, as to whether, the same is simple or grievous in nature. The petitioner has clean antecedent. Learned counsel further submits that the applicant and co-accused were assaulted by the prosecution, which led to the filing of Pator Police Station Case No. 52/2025 against the prosecution by accused Birendra Yadav, and that this false case has been filed by the them to protect themselves from the same. 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, which I find can be resolved by way of mediation. In this regard, 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