HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
NARURAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 732 / 2025
Order :
1. This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioners who have been arrested in connection with F.I.R. No.123/2024 registered at Police Station Bhojasar, District Jodhpur, for offences under Sections 109(1), 309(6), 3(5), 333, 115(2) of BNS and Section 4/25 of the Arms Act.
2. Heard learned counsel for the petitioners, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.
3. Drawing attention of the Court towards the injury report of the injured persons Shrawan and Manoj, learned counsel for the petitioners submitted that in the alleged incident, which occurred on 24.11.2024, the injuries allegedly inflicted by the petitioners upon the injured persons are though grievous in nature but the same are not dangerous to life.
4. Learned counsel submitted that the petitioners are in judicial custody; investigation against them has already been completed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.
5. Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the bail application. Learned counsel Shri Kuldeep Sharma representing the complainant submitted that looking to the seriousness of allegation against the petitioners, they do not deserve to be enlarged on bail. However, he was not in a position to refute the fact that in the present case, injuries allegedly inflicted by the petitioners upon the injured persons are though grevious in nature but the same are not dangerous to life.
6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.
7. Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioners (1) Naruram S/o Bhiyaram and (2) Shivlal S/o Jivanram arrested in connection with F.I.R. No.123/2024 registered at Police Station Bhojasar, District Jodhpur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- 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.
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.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
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 involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
The court grants bail considering the nature of injuries and the completion of investigation, emphasizing that observations are not to influence the trial court.
The court may grant bail if the nature of allegations is serious but injuries are minor, and there is no risk of influencing witnesses or fleeing.
The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.
Bail granted based on the nature of injuries and lengthy trial process, emphasizing that injuries are grievous but not life-threatening.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
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.
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