The court granted bail based on the lack of substantial evidence against the petitioners and the nature of the allegations, emphasizing the importance of judicial discretion in bail applications.

ORDER :

1. This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioners who have been arrested in connection with F.I.R. No.288/2024, registered at Police Station Mandal, District Bhilwara, for offences under Sections 109(1), 117(2), 189(2), 115(2) & 126(2) of BNS.

2. Heard learned counsel for the parties as well as learned counsel for the complainant. Perused the material available on record.

3. Learned counsel for the petitioners submitted that in the alleged incident which occurred on 22.07.2024, the petitioner has been caused only one injury. Drawing attention of the Court towards the opinion of the Medical Jurist dated 09.08.2024 it was contended that the aforesaid opinion has been obtained after about 20 days of the alleged incident. Learned counsel submitted that the omnibus allegations have been levelled by the complainant against the petitioner and the co-accused persons. It is highly improbable that 7 - 8 persons who were carrying sharp weapons and who barged into the place of incident in a predetermined manner would inflict only one injury.

4. Lastly, learned counsel submitted that the prosecution story is based on highly improbable facts and a completely false story has been narrated by the complainant in the FIR.

5. Learned counsel for the petitioners further submitted that the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

6. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.

7. Having considered the rival submissions, facts and circumstances of the case and after perusing the challan papers, this Court prima facie finds that omnibus allegations have been levelled against the petitioners; the investigation in the matter has already been concluded; only blunt weapons have been recovered from the petitioners; according to the injury report of the injured, he has been inflicted only one injury in the alleged incident; the prosecution has not shown any apprehension of the petitioners influencing the material prosecution witnesses of the case or fleeing away from justice, in case, they are enlarged on bail by this Court. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

8. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioners-

(1) Laxman S/o Shri Narayan Jat; (2) Omprakash S/o Shri Shankar Jat; (3) Shankar Jat S/o Shri Chothu Jat; & (4) Banshi Jat S/o Shri Chothu Jat arrested in connection with F.I.R. No.288/2024, registered at Police Station Mandal, District Bhilwara, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for their appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

9. 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.