THIPPENAGA Vs. STATE BY MIDIGESHI POLICE

JUDGEMENT

(1.) This petition is filed by accused No. 2 under Sec. 483 of BNSS praying to grant bail in Crime No. 47/2025, Midigeshi Police Station registered for offence under Ss. 103(1) and 238 of BNS.

(2.) Heard learned counsel for petitioner and learned HCGP for respondent - State.

(3.) Learned counsel for petitioner would contend that there are no eye witnesses to the incident and case of the prosecution is based on circumstantial evidence. The overt act of assault with a knife is alleged against accused No. 1. Allegation against the petitioner is that at the time of incident he tied the legs of the deceased with an old shirt fallen there and held his hands. Even though C.W.2, C.W.3, C.W.8 and C.W.10 are stated to be eye witnesses in the charge sheet, on perusal of their statement, it is seen that they are not eye witnesses to the incident. There is no recovery at the instance of this petitioner of any incriminating article. As chargesheet is filed petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. With this he prayed to allow the petition.