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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
CHHAGAN LAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 alleged
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 can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Bail may be granted when material witnesses turn hostile and no weapon is recovered, despite serious allegations.
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 injuries are grievous but not life-threatening, investigation is complete, and no flight risk exists.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
A petitioner cannot be denied bail solely based on co-accused statements when not named in the FIR and lacking direct evidence.
The court granted bail despite serious allegations against co-accused, emphasizing the absence of specific charges against petitioners and the lengthy trial process.
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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