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2025 Supreme(Raj) 221

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR, J
Dilip @ Dalip - Appellant
Versus
State of Raajsthan - Respondent
CRLMB / 1247 / 2025
Decided On : 17-03-2025

Advocates:
Advocate Appeared:
Mr. Usman Ghani, Mr. Sameer Pareek, PP

The court grants bail considering the nature of injuries and the completion of investigation, emphasizing that observations are not to influence the trial court.

Headnote:

(A) BNS Act - Sections 3(5), 110, 115(2), 126(2) - Bail application - Petitioners arrested for grievous but non-life-threatening injuries - Court considers the completion of investigation and potential trial duration before granting bail - Petitioners to provide personal bond and sureties for release. (Paras 1-7)

(B) Bail - Considerations for granting bail include nature of allegations, duration of custody, and completion of investigation - Court emphasizes that observations made are not to influence trial court's judgment. (Paras 6-8)

Order :

1. This application for bail under Section 483 BNSS has been filed by the petitioners who have been arrested in connection with F.I.R. No.728/2024 registered at Police Station Pratap Nagar (Bhilwara), Dist. Bhilwara, for the offences under Sections 115(2), 126(2), 3(5) and 110 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 the petitioners have been falsely implicated in the present case. Drawing attention of the Court towards the challan papers, learned counsel for the petitioners submitted that in the alleged incident which occurred on 20.12.2024, the injuries allegedly inflicted by the petitioners upon the injured are though grievous in nature but not dangerous to life.

4. Lastly, learned counsel submitted that the petitioners are in judicial custody; investigation against the petitioners has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that the injuries allegedly inflicted by the petitioners upon the injured are though grievous in nature but not dangerous to life.

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

7. Consequently, the bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioners Dilip @ Dalip S/o Shri Shyam Lal and (2) Dinesh @ Pempa S/o Shri Narayan arrested in connection with F.I.R. No.728/2024 registered at Police Station Pratap Nagar (Bhilwara), Dist. Bhilwara, 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.

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.

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