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2025 Supreme(RAJ) 286

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Naved @ Junu – Appellant
Versus
State Of Rajasthan – Respondent
CRLMB / 2476 / 2025



Advocates:
Mr. Kailash Chandra, Mr. Sharwan Singh Rathore, PP

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.

Headnote:(A) BNS Act - Sections 115(2), 126(2), 110, 309(6)/3(5) - Bail application - The petitioner, arrested in FIR No.30/2025 for serious offences, claims no specific overt act attributed to him. The prosecution alleges involvement in inflicting injuries and robbery. The court finds no pending recovery against the petitioner, allowing bail on conditions. (Paras 1-7)

(B) Judicial custody - The court recognizes the lengthy trial process and the absence of specific allegations against the petitioner, leading to the decision to grant bail without prejudice to the merits of the case. (Paras 6-8)

Facts of the case:
The petitioner is accused of serious offences under BNS, with claims of inflicting injuries on the victim primarily against a co-accused. No recovery is pending against the petitioner.

Findings of Court:
The court allows the bail application considering the lack of specific allegations against the petitioner and the prolonged trial duration.

Issues: The main issues include the specific allegations against the petitioner and the implications of judicial custody on bail consideration.

Ratio Decidendi: The court emphasizes that the absence of pending recovery and the lengthy trial process justify granting bail, while maintaining neutrality on the case merits.

Result: Bail application allowed.

Order :

1. The present 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.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 Sunder Lal S/o Shri Gopal Ram 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.

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