The court granted bail despite serious allegations against co-accused, emphasizing the absence of specific charges against petitioners and the lengthy trial process.

Order :

1. This application for bail under Section 483 BNSS (old Section 439 Cr.P.C.) has been filed by the petitioners who have been arrested in connection with F.I.R. No.167/2024 registered at Police Station Motagaon District Banswara, for the offences under Sections 103(1), 191(2),(3), 324(4), 115(2) & 333 BNS.

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

3. Drawing attention of the Court towards the FIR and the statements of complainant-Goti Davod recorded under Section 180 BNS, learned counsel for the petitioners submitted that the specific allegation of inflicting head injury upon the deceased with a blunt weapon (lathi) has been levelled against co-accused Tola Ram. Learned counsel for the petitioners submitted that according to the post-mortem report dated 02.11.2024 of the deceased, the cause of death is head injury caused to him. Learned counsel submitted that in the FIR, no specific allegation has been levelled against the present petitioners. The petitioners are in judicial custody; challan has already been filed; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned Public Prosecutor submitted that looking to the seriousness of the allegation against the present petitioners, they do not deserve to be enlarged on bail. However, learned Public Prosecutor was not in a position to refute the fact that specific allegation of inflicting injury by lathi on head of the deceased has been levelled against co-accused person Tola Ram.

7. Having considered the rival submissions, facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

8. Consequently, the bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioners (1) Laxman S/o Shri Phooliy, (2) Vinod @ Vilay S/o Shri Laxman, (3) Ashok S/o Shri Nathu, (4) Bapulal @ Galji S/o Shri Nathu, (5) Gatulal S/o Shri Nathu, and (6) Kapil @ Kaluram, arrested in connection with F.I.R. No.167/2024 registered at Police Station Motagaon District Banswara, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial Court, for their appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

9. 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.