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AKULDEEP MATHUR
Laxman S/o Shri Narayan Jat – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
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
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.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
Bail may be granted when the accused is not a flight risk and the investigation is complete, despite claims of habitual offending.
The court granted bail to certain accused based on the nature of injuries and judicial custody duration, while emphasizing the need for personal bonds and sureties.
Bail may be granted when specific allegations against the petitioner are weak, recovery is not pending, and trial duration is expected to be lengthy.
The court may grant bail if the nature of allegations is serious but injuries are minor, and there is no risk of influencing witnesses or fleeing.
The court grants bail due to lack of specific allegations against the petitioner and recognizes the lengthy trial process, emphasizing the importance of judicial fairness.
Bail may be granted when no specific overt act is attributed to the accused and no recovery is pending, despite serious allegations.
The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.
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