THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.10312 OF 2025

ORDER :

This criminal petition is filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner/accused seeking anticipatory bail in connection with FIR No.145 of 2025 of Soan Police Station, Nirmal District. The offences alleged against the petitioner are under Sections 109 and 333 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. The case of the prosecution is that the complainant lodged a report before police stating that on 19.07.2025 the petitioner herein has trespassed into his house with knife and chili powder and attempted to commit murder of her husband by stabbing with knife on his ribs, elbow and also beat with stone on his head. As a result, he received bleeding injuries. As such, requested the police to take necessary action against the petitioner. Basing on the said complaint, police registered the case against the petitioner for the above offences.

3. Heard Sri M.A.K. Mukeed, learned counsel for the petitioner and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for the respondent-State.

4. The contention of learned counsel for the petitioner is that the petitioner is innocent of the said offences and there were no injuries on the vital organs of the injured and he was treated as outpatient. There is no enmity between the petitioner and complainant and the police have not stated that what sort of knife, the petitioner used in the commission of offence. Further petitioner has not assaulted with stone, infact the complainant hit the petitioner with stick for which he received injuries and no where it is stated that petitioner used chili powder. As such it is clear that a false complaint is lodged against the petitioner herein and prayed this Court to grant bail to the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed bail stating that the petitioner herein attacked with knife and the injured victim sustained grievous injury on his abdomen which is a vital part. Though petitioner stated that he also sustained injury when complainant hit with a stick, for which complainant herself stated that to rescue her husband she beat the petitioner with stick, then only he left her husband. As such, the offence committed is severe in nature and petitioner is not entitled for bail. Hence, requested this Court to dismiss this petition.

6. Considering the submissions made by both the counsel and the material placed on record, the offences alleged against the petitioner are under Section 109 and 331 of BNS. As seen from the record, the victim sustained grievous injury on vital part. Though, petitioner contended that he is suffering with problem of Gallbladder stone that cannot be considered at this stage, considering the severity of the offence. As such, this Court is not inclined to grant bail to the petitioner and the petition is liable to be dismissed.

7. Accordingly, the Criminal Petition is dismissed.

Miscellaneous petitions, if any, pending shall stand closed.

_______________

K. SUJANA, J Date :03.09.2025

Rds