Pre-arrest bail granted contingent upon the nature of injuries determined by medical opinion.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 28-01-2026 Heard Mr. Vishwa Ranjan Choudhary, learned counsel appearing on behalf of the petitioner and Mr. Vinod Shanker Modi, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Wazirganj P.S. Case No. 313/2025 registered for the offence(s) punishable under Sections 191(2), 191(3), 190, 126, 115(2), 118(1), 109, 303(2), 74, 352, 351(2) of the BNS .

3. As per the allegation made in the FIR, the petitioner along with other accused assaulted the informant and her family members, causing injuries.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present. He further submitted that a general and omnibus allegation has been levelled against the petitioner. The petitioner has clean antecedent. 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, the learned District Court is directed to call for the final opinion of the doctor in respect of the injury report of the injured persons and if it is found that the same is simple in nature, then in that case, the petitioner, above named, is directed to be released on pre-arrest bail in the event of his 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) each with two sureties of the like amount each to the satisfaction of District Court where the case is pending/ Concerned Court in connection with Wazirganj P.S. Case No. 313/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner 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.

8. Accordingly, the present application stands disposed of.

(Purnendu Singh, J)