HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
KULDEEP MATHUR, J
Dilip @ Dalip – Appellant
Versus
State of Raajsthan – Respondent
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
The court grants bail considering the nature of injuries and the completion of investigation, emphasizing that observations are not to influence the trial court.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
Bail may be granted when the accused has been in custody for an extended period, the investigation is complete, and the nature of injuries does not pose a danger to life.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
The court may grant bail if the nature of allegations is serious but injuries are minor, and there is no risk of influencing witnesses or fleeing.
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.
The court granted bail based on the completion of the investigation and the simple nature of injuries, finding no risk of witness tampering or flight.
The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.
The court denied bail based on the seriousness of the allegations and the nature of injuries inflicted, highlighting the unreliability of the prosecution's case.
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