Bail may be granted if the investigation is complete and no further recovery is pending, balancing the rights of the accused with the seriousness of the charges.

ORDER :

KULDEEP MATHUR, J.

1. These applications for bail under Section 483 of BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.265/2024 registered at Police Station Ratanada, District Jodhpur for offences under Sections 318(4), 319(2) & 61(2)(a) of BNS.

2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioners submitted that as per the prosecution, in place of petitioner Kuldeep Singh, petitioner Mukesh appeared as a dummy candidate in the medical examination conducted by the Army at Military Hospital, Jodhpur for the post of Sepoy (Agniveer Yojna).

4. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case. Lastly, learned counsel submitted that the petitioners are in judicial custody; no recovery is due to be effected from them; and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioners on bail.

5. Per contra, learned Public Prosecutor has opposed the bail application. However, he was not in position to refute the fact that the investigation against the present petitioners has already been completed.

6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

7. Consequently, the bail applications under Section 483 of BNSS are allowed. It is ordered that the accused-petitioners Kuldeep Singh S/o Bhagwan Singh, Mukesh S/o Anada Ram arrested in connection with F.I.R. No.265/2024 registered at Police Station Ratanada, District Jodhpur, shall be released on bail, if not wanted in any other case, provided they 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.

8. 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.