Bail may be granted when the trial is expected to take a long time, especially if specific allegations are against co-accused and the investigation is complete.

Order :

1. This application for bail under Section 483 of BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.168/2024 registered at Police Station RIICO Area, District Barmer, for offences under Sections 115(2), 126(2), 109(1), 324(4) and 3(5) of BNS.

2. Heard learned counsel for the petitioner, learned Public Prosecutor and learned counsel for the complainant. Perused the material available on record.

3. Drawing attention of the Court towards the FIR, challan papers and the statements of the injured persons recorded under Section 161 Cr.P.C., learned counsel for the petitioner submitted that the specific allegation of causing gunshot injury upon the son of the complainant has been levelled against the co-accused Karna Ram. Learned counsel further submitted that the injuries sustained by the son of the complainant is on his non-vital body parts. Further, the firearm has been recovered from the co-accused Karna Ram only.

4. Learned counsel submitted that the petitioner is in judicial custody; challan has already been filed and the trial of the case is likely to consume sufficiently long time. On these grounds, he implored the Court to enlarge the petitioner on bail.

5. Per contra, learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and submitted that sufficient material is available on record indicating that the gunshot injury has been caused to the son of the complainant by the co-accused at the instance of the present petitioner. Learned counsel thus submitted that looking to the seriousness of allegation against the petitioner, he does not deserve to be enlarged on bail. However, he was not in position to refute the fact that investigation in the matter has already been completed and challan has already been filed.

6. Having considered the rival submissions, facts and circumstances of the case particularly, keeping in view of the fact that the specific allegation of causing gunshot injury upon the son of the complainant has been levelled against the co-accused Karna Ram, 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 is allowed. It is ordered that the accused-petitioner Bala Ram S/o Sh. Harkha Ram arrested in connection with No.168/2024 registered at Police Station RIICO Area, District Barmer, 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.