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.

ORDER :

KULDEEP MATHUR, J.

1. This application for bail under Section 483 BNS S has been filed by the petitioners who have been arrested in connection with F.I.R. No.182/2024 registered at Police Station Chitalwana, District Sanchore (Jalore), for offences under Sections 191(2), 126(2), 115(2), 329(2), 118(1), 118(2), 117(2) and 109(1) of BNS .

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

3. At the outset, learned counsel for the petitioners submitted that he does not want to press the present bail application qua the petitioner No.5 Ashok Kumar, at this stage. Thus, the present bail application is dismissed qua the petitioner No.5 Ashok Kumar S/o Bhera Ram at this stage with a liberty to file a fresh bail application after recording of statements of injured- Ratnaram before the competent criminal Court.

4. So far as the petitioners Nos.1, 2, 3, 4 and 6 are concerned, drawing attention of the Court towards the FIR, challan papers and the statements of the injured- Ratnaram recorded under Section 180 BNSS, learned counsel for the petitioners submitted that the head injury allegedly inflicted upon the injured- Ratnaram by Ashok Kumar with a sharp weapon (axe) is grievous in nature and dangerous to life. Learned counsel further submitted that the axe allegedly used for inflicting head injury upon the injured- Ratnaram, has also been recovered at the instance of co-accused– Ashok Kumar. Learned counsel further submitted that the injuries allegedly inflicted by the petitioner upon the other injured persons are simple in nature.

5. Lastly, learned counsel 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 No.1, 2, 3, 4 and 6.

6. Per contra, learned Public Prosecutor and learned counsel representing the complainant have vehemently opposed the bail application. Learned counsel for the complainant submitted that in the present case, all the petitioners in a pre-planned manner attacked the injured persons with sharp and blunt weapons and therefore, looking to the seriousness of allegations levelled against the petitioners, they do not deserve to be enlarged on bail.

7. However, learned counsel for the petitioner was not in position to refute the fact that the injured- Ratnaram who has been caused an injury with sharp weapon (axe) that is grievous in nature and dangerous to life, has named the petitioners as assailants in his statements recorded under Section 180 BNSS.

8. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, the petitioners Chhagan Lal, Nava Ram, Mishra Ram, Hanuman Ram and Kehra Ram deserve to be enlarged on bail.

9. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is partly allowed. It is ordered that the accused- petitioners (i) Chhagan Lal S/o Lumba Ram, (ii) Nava Ram S/o Tiloka Ram, (iii) Mishra Ram S/o Kalu Ram, (iv) Hanuman Ram S/o Lumba Ram and (v) Kehra Ram S/o Kalu Ram arrested in connection with F.I.R. No.182/2024 registered at Police Station Chitalwana, District Sanchore (Jalore), 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.