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.

Order :

1. The application for bail under Section 483 of BNSS (439 of Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.365/2024 registered at Police Station Sadar Banswara, District Banswara, for offences under Sections 115(2), 117(2), 329(3) and 109(1) of BNS.

2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

3. Drawing attention of the Court towards the injury report of the injured persons namely Anil and Vikram, learned counsel for the petitioner submitted that in the alleged incident which occurred on 24.11.2024, a sudden fight had erupted between the petitioner and the complainant. Learned counsel further submitted that the petitioner had no motive to commit the alleged crime. It was contended that although the impugned order dated 04.02.2025 passed by the competent Criminal Court states that the injury allegedly caused to the injured Anil on his head is grievous in nature and dangerous to life, however, the same is not in conformity with the injury report of the injured persons. The injury report of the injured person Anil clearly indicates that the injury allegedly caused to him by the accused persons on his head is grievous in nature, but not dangerous to life.

4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody since 28.12.2024; the investigation against the present petitioner has already been completed; no recovery is due to be made from the present petitioner and the trial of the case will take a sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that as per the injury report of the injured persons namely Anil and Vikram, the injuries caused to them by the petitioner and co-accused persons in the alleged incident are grievous in nature but not dangerous to life.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner is in judicial custody and the investigation against him has already been completed. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 483 of BNSS (439 of Cr.P.C.) is allowed. It is ordered that the accused- petitioner Sukhlal @ Hukka S/o Heriya arrested in connection with F.I.R. No.365/2024 registered at Police Station Sadar Banswara, District Banswara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his 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.