Bail may be granted when no specific overt act is attributed to the accused and no recovery is pending, despite serious allegations.

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 present case, the petitioner and co-accused Firoz have not only inflicted the injuries upon the injured but have also snatched his money and mobile. However, he was not in a position to refute the fact that no recovery is pending against the present petitioner and the specific allegation of inflicting the injuries upon the injured with sharp weapon has been levelled against the co-accused Firoz.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the specific allegation of inflicting the injuries upon the injured with sharp weapon has been levelled against the co-accused Firoz. 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 Aman Ali @ Devil S/o Shri Ayub Ali arrested in connection with F.I.R. No.30/2025 registered at Police Station Sursagar, Jodhpur City-West, 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.