HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
LAXMAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 ba
The court granted bail despite serious allegations against co-accused, emphasizing the absence of specific charges against petitioners and the lengthy trial process.
Bail may be granted when material witnesses turn hostile and no weapon is recovered, despite serious allegations.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.
The court granted bail to certain accused based on the nature of injuries and judicial custody duration, while emphasizing the need for personal bonds and sureties.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
The court granted bail due to insufficient specific allegations against the petitioner and lack of risk of tampering with evidence.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
Bail can be granted when allegations are not specific and co-accused have been released, reflecting the principle of equality in legal treatment.
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