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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
SUNIL KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This application for bail under Section 483 of BNS S has been filed by the petitioner who has been arrested in connection with F.I.R. No.291/2024 registered at Police Station Rajiyasar, District Sri Ganganagar, for offences under Sections 331(6), 115(2) and 189(2) of BNS .
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Drawing attention of the Court towards the challan papers, learned counsel submitted that the petitioner had no motive to commit the alleged crime. Learned counsel submitted that the incident took place in the heat of the moment. Learned counsel further contended that in the alleged incident, which took place on 21.10.2024, the injuries alleged to have been caused by the petitioner upon the injured persons are though grievous in nature but the same are not dangerous to life.
4. Lastly, learned counsel submitted that the petitioner is in judicial custody since 10.12.2024; investigation against the petitioner has already been completed and the trial of the case is like
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 the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
Bail granted based on the nature of injuries and lengthy trial process, emphasizing that injuries are grievous but not life-threatening.
Bail may be granted when petitioners are not specifically named in the FIR and have no assigned role in the alleged crime, highlighting the discretionary nature of bail.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
The court granted bail based on the nature of injuries being simple and the completion of the investigation, with no risk of influencing witnesses.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Bail may be granted when the accused is not a flight risk and the investigation is complete, despite claims of habitual offending.
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