The court emphasized the necessity of direct evidence in bail applications, ruling against punishment based on mere allegations.

Order

09/10/2025

1. This application for bail under Section 483 B.N.S.S. has been filed by the applicant, who has been arrested in connection with F.I.R. No.34/2025 registered at Police Station Kanera, District Chittorgarh for the offences punishable under Sections 140(3) and

3(5) of BNS.

2. Heard learned counsel for the applicant as well as learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the applicant submits that in the present case the applicant has not even been named in the FIR, so also, neither has any recovery been made from him, nor has any witness named him. He further submits that applicant has been implicated solely on the basis of alleged information given by him under Section 23(2) of the Bhartiya Sakshya Adhiniyam , 2023, wherein it is alleged that the incident took place at agriculture field and the allegation of causing injury upon the deceased had not been attributed to the applicant rather the same attributed to the other co-accused. He, therefore, prays that the benefit of bail may be granted to the accused-applicants.

4. Per contra, learned Public Prosecutor opposes the bail application, however, he is not in a position to dispute the fact of alleged confessional statement of the applicant with regard to the site in question.

5. Having considered the rival submissions and the facts and circumstances of the case as well as considering the fact none of witnesses named the applicant nor any recovery has been effected from the applicant and he has been implicated solely on the basis of alleged information under Section 23(2) of the Bhartiya Sakshya Adhiniyam , 2023, without expressing any opinion on the merits of the case, this Court is inclined to enlarge the applicant on bail.

6. Consequently, the bail application under Section 483 B.N.S.S. is allowed. It is ordered that the accused-applicant Hari Om S/o Shri Kailash, arrested in connection with F.I.R. No.34/2025 registered at Police Station Kanera, District Chittorgarh shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

7. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.