1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal impugns order dated 27.10.2025 passed by the High Court of Himachal Pradesh whereby regular bail prayer of the appellant in connection with FIR No.44 of 2025, P.S. West Shimla (Boileauganj), District Shimla was rejected.
4. The submission of the learned counsel for the appellant is that the First Information Report (for short FIR) alleges assault on informant's husband on 28.02.2025 whereas the FIR was lodged on 12.03.2025. Moreover, from the allegations in the FIR, it appears that informant's husband was assaulted on suspicion that he had stolen some goods from the shop of the appellant. Further, as per allegations, no dangerous weapon was used for assaulting the victim. Besides that, the appellant has suffered incarceration of a period exceeding 08 months. It is submitted that in these circumstances, it is a fit case where the appellant should be released on bail pending trial.
5. Learned counsel for the State has opposed the prayer by submitting that the victim had to undergo brain surgery on account of injury caused by the accused. However, he could not dispute that the FIR was delayed by over 10 days.
6. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits, we are of the view that the appellant has made out a case for being released on bail, pending trial.
7. The appeal is, accordingly, allowed. The order passed by the High Court rejecting the regular bail prayer of the appellant is set aside.
8. The appellant shall be released on bail on such terms and conditions as the trial court may deem fit to impose in the facts and circumstances of the case.
9. Pending application(s), if any, shall stand disposed of.




