HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SALIM @ BICHHU – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The application for bail under Section 483 BNSS has been filed by the petitioners who has been arrested in connection with F.I.R. No.91/2024 registered at Police Station Ghantaghar, District Udaipur for offences under Sections 126(2), 309(6), 311, 109(1), 118(1), 119(1) & 3(5) of BNS and Section 4/25 of the Arms Act.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the challan papers and injury report of the injured Vishal Meena, learned counsel for the petitioner submitted that in the alleged incident which occurred on 19.10.2024, the injuries allegedly inflicted by the petitioner upon injured with a sharp weapon is simple in nature. Learned counsel for the petitioner submitted that the investigation in the matter against the present petitioner has already been completed and challan has already been filed before the competent Criminal Court.
4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accu
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.
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 specific allegations against the petitioner are weak, recovery is not pending, and trial duration is expected to be lengthy.
Bail may be granted when the accused has been in custody for an extended period, the investigation is complete, and the nature of injuries does not pose a danger to life.
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.
The court grants bail considering the nature of injuries and the completion of investigation, emphasizing that observations are not to influence the trial court.
Bail may be granted when no specific overt act is attributed to the accused and no recovery is pending, despite serious allegations.
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.
Bail may be granted when the accused's circumstances are similar to those of a co-accused already released on bail, and no risks are demonstrated by the prosecution.
Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
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