HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
BALA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 pe
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.
The court granted bail based on the completion of the investigation and the simple nature of injuries, finding no risk of witness tampering or flight.
The court grants bail considering the nature of injuries and the completion of investigation, emphasizing that observations are not to influence the trial court.
Judicial discretion in bail applications allows for release if no evidence of risk of influencing witnesses or fleeing is presented.
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.
Bail may be granted when specific allegations against the petitioner are weak, recovery is not pending, and trial duration is expected to be lengthy.
The absence of charge-sheet and lack of evidence connecting the accused to the crime justified the granting of bail under Section 439 Cr.P.C.
Bail may be granted when no specific overt act is attributed to the accused and no recovery is pending, despite serious allegations.
The court emphasized that the absence of substantial evidence and the prolonged custody of the petitioner justified the grant of bail, notwithstanding the serious nature of the allegations.
The court granted bail to the accused-petitioners due to non-specific allegations and their prolonged custody, emphasizing the need for just treatment in the bail process.
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