Pre-arrest bail granted based on lack of substantial evidence of serious injury and general allegations.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 28-01-2026 Heard Mr. Aryan Singh, learned counsel appearing on behalf of the petitioners and Mr. Prem Kumar Jha, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Tekari P.S. Case No. 372 of 2025, registered for the offence punishable under Sections 126(2), 115(2), 118(1), 117(2), 109, 74, 303(2), 351(2), 351(3) and 3(5) of the BNS .

3. As per the allegation made in the FIR, petitioners along with other co-accused persons, had assaulted the husband of the informant with an intention to kill.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case due to enmity. General and omnibus allegation has been levelled against the petitioners. Injuries sustained by the husband of the informant have been opined by the doctor to be simple in nature. On these grounds, 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. Considering the rival submissions made on behalf of the parties, as well as, the fact that general and omnibus allegation has been levelled against the petitioners. Injuries sustained by the husband of the informant have been opined by the doctor to be simple in nature. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their 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 the learned District Court where the case is pending, in connection with Tekari P.S. Case No. 372 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J)