HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
Narendra @ Jitendra Valmiki – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This second application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.877/2023 registered at Police Station Hanumangarh Town, District Hanumangarh, for offences under Sections 307 , 326 , 323 , 34 and 120B IPC .
2. As per the prosecution, the allegation against the petitioner is that on 24.12.2023, owing to some previous animosity with the injured-Vikas, the petitioner alongwith the co-accused persons, had brutally beaten him with blunt and sharp weapons. In the alleged incident, which occurred on 24.12.2023, the injured-Vikas had sustained one injury on his vital body part which was grievous in nature and dangerous to life, however, rest of the injuries were either simple in nature or though grievous in nature but not dangerous to life. Learned counsel submitted that the statements of the injured-Vikas have already been recorded before the competent criminal court as PW-1. Drawing attention of the Court towards the statements of the injured-Vikas, learned counsel submitted that omnibus allegations have been levelled against the present petitioner. Learned counsel submitted that there
The court granted bail due to insufficient specific allegations against the petitioner and lack of risk of tampering with evidence.
The court granted bail based on the non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
Bail may be granted when material witnesses turn hostile and no weapon is recovered, despite serious allegations.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
The court emphasized the presumption of innocence and granted bail based on the nature of injuries and absence of recovery from the accused.
Accused-petitioner granted bail due to lack of criminal antecedents and insufficient evidence linking him to the injury caused, as allegations primarily attributed to co-accused.
The court denied bail based on the seriousness of the allegations and the nature of injuries inflicted, highlighting the unreliability of the prosecution's case.
The court granted bail based on the nature of injuries being simple and the completion of the investigation, with no risk of influencing witnesses.
Bail may be granted when injuries are grievous but not life-threatening, investigation is complete, and no flight risk exists.
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