The court established the necessity of assessing the prima facie merits of allegations when considering pre-arrest bail in serious offenses.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 28-01-2026 Heard Mr. Yugal Kishore, learned counsel appearing on behalf of the petitioners and Mr. Raj Kishor Singh, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Session Trial No.519 of 2025 arising out Nagar P.S. Case No. 401/2023 registered for the offence(s) punishable under Sections 147 ,148,149,341,323,324,302,504 of the Indian Penal Code .

3. As per the allegation made in the FIR, due to an ongoing land dispute, the petitioners along with other accused persons assaulted the informant’s husband using blunt weapons, causing serious injuries to him due to denial of share in ancestral property.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and they have falsely been implicated in the present case. There is a general and omnibus allegation levelled against the petitioners. The petitioners and the informant are agnates. The petitioners have clean antecedent. On these grounds, the petitioners seek 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, having perused the allegation made in the FIR, I am of the opinion that petitioner no.2, who is a female family member and there is no specific allegation against her, has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner no.2, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending / Concerned Court in connection with Nagar P.S. Case No. 401/2023, subject to the conditions as laid down under Section

482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner no.2 and if it is found that the petitioner no.2 is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

9. So far as, the petitioner no.1 is concerned and considering his complicity in the offence leading to death of the husband of the informant, I am not inclined the enlarge the petitioner no.1 on pre-arrest bail.

10. Accordingly, the present application stands disposed of.

(Purnendu Singh, J)