Court granted bail citing lack of specific allegations against the petitioner despite prior criminal antecedents.

For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 27-01-2026 Heard Mr. Brij Nandan Prasad, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned APP for the State.

2. The petitioner seeks bail, who is in custody since

22.11.2025 in connection with Bounsi P.S. Case No. 237 of 2025, F.I.R. dated 04.11.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 3(5) of the B.N.S.

3. According to prosecution case, petitioner and other accused persons are alleged to have assaulted the son of the informant with lathi and danda and also snatched golden chain from him.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Learned counsel further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. Although, the petitioner is named in the FIR but from bare perusal of FIR it appears that there is no specific allegation of assault or overt act against the petitioner rather there is general and omnibus allegation against all the accused persons including this petitioner and the petitioner is in custody since 22.11.2025.

5. Learned APP has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries five criminal antecedents other than the present one but fairly submits on the basis of paragraph 3 of the bail petition that the petitioner is on bail in the pending matters.

6. Considering the aforesaid facts and circumstances of the case and also the fact that there is no specific allegation of assault or overt act rather there is general and omnibus allegation against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Bounsi P.S. Case No. 237 of 2025, with the following conditions:

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)