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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Aman Ali @ Devil – Appellant
Versus
State Of Rajasthan – Respondent
Key Points: - The petitioner filed a bail application under Section 483 of BNSS (439 of Cr.P.C.) for offences involving injuries inflicted with a sharp weapon [1]. - The specific allegation of inflicting sharp injuries upon the victim, Omchand Prajapat, using a knife was levelled against the co-accused Firoz [3]. - It was submitted that no specific overt act was attributed to the petitioner [3]. - The petitioner was in judicial custody, and no recovery was pending against him [4]. - The petitioner's counsel argued that the trial of the case would take a sufficiently long time to conclude [4]. - The Public Prosecutor opposed the bail, alleging the petitioner and co-accused inflicted injuries and snatched money and a mobile [5]. - The Public Prosecutor could not refute that no recovery was pending against the petitioner and that the specific act of inflicting injuries was attributed to the co-accused Firoz [5]. - The Court found that the specific allegation of using a sharp weapon was levelled against the co-accused Firoz and inclined to enlarge the petitioner on bail [6]. - The bail application was allowed, and the petitioner, Aman Ali @ Devil, was ordered to be released upon furnishing a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each [7]. - The Court clarified that its observations were for the limited purpose of the bail application and should not prejudice the trial court [8].
Order :
1. The present application for bail under Section 483 of BNS S (439 of Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.30/2025 registered at Police Station Sursagar, Jodhpur City-West, for offences under Sections 115(2) , 126(2) , 110 and 309(6)/3(5) 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 FIR, learned counsel for the petitioner submitted that the specific allegation of inflicting sharp injuries upon the injured – Omchand Prajapat with a sharp weapon (knife) has been levelled against the co-accused Firoz. Learned counsel further submitted that no specific overt act has been attributed to the petitioner.
4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; no recovery is pending against the present petitioner and the trial of the case will take 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 and submitted that in the
Bail may be granted when no specific overt act is attributed to the accused and no recovery is pending, despite serious allegations.
Bail may be granted when specific allegations against the petitioner are weak, recovery is not pending, and trial duration is expected to be lengthy.
The court grants bail due to lack of specific allegations against the petitioner and recognizes the lengthy trial process, emphasizing the importance of judicial fairness.
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 granted bail based on the lack of substantial evidence against the petitioners and the nature of the allegations, emphasizing the importance of judicial discretion in bail applications.
The court granted bail based on CCTV evidence showing the petitioner was not armed during the incident, emphasizing that presence alone does not imply complicity in the crime.
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.
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