Bail Granted Based on Charge-Sheet Filing, Period of Incarceration, and Parity with Co-Accused Pursuing Alibi Plea.

The applicant sought regular bail following his arrest in connection with F.I.R. No. 98 of 2025

The prosecution alleged that on March 15, 2025, the applicant and co-accused, armed with weapons, forcibly entered the complainant's house and caused grievous injuries to three persons

The applicant pleaded alibi, citing workplace attendance records, and noted an unexplained three-day delay in lodging the F.I.R.

The applicant has been in judicial custody since May 21, 2025, and a charge-sheet has been filed

1. Whether the applicant is entitled to regular bail considering the period of incarceration, the completion of the investigation (filing of charge-sheet), and the parity with co-accused who received interim relief

The Court applied the general principles governing the grant of regular bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), assessing factors such as the nature of allegations, the severity of the punishment, the risk of tampering with evidence, and the likelihood of the accused absconding

The charges were registered under Sections 109, 190, 191(2), 191(3), 115(2), 333, 351(3), and 352 of the B.N.S.

The court also considered the principle of parity, noting that co-accused persons had been granted interim anticipatory bail

The Court weighed the prosecution's evidence, including the CDR data and witness statements, against the applicant's defense of alibi and the procedural delay in the F.I.R.

While the State argued the alibi was untenable, the Court observed that the investigation was effectively complete as the charge-sheet had already been filed, significantly reducing the risk of the applicant tampering with prosecution evidence

The Court highlighted that the applicant had no prior criminal antecedents and had already undergone nearly a year of incarceration (since May 2025)

Furthermore, the court noted that the trial would take considerable time and that co-accused individuals had already secured interim relief, making the applicant's continued detention unnecessary

The Court ordered the release of Aas Mohammad alias Mangta on bail subject to furnishing a personal bond and two reliable sureties to the satisfaction of the concerned trial court