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.

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 accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. Learned counsel submitted that looking to the accusation levelled against the petitioner, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that the injury allegedly inflicted by the petitioner upon injured with the sharp weapon is simple in nature.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioner is in judicial custody, the investigation against him has already been completed. This Court also prima facie finds that the prosecution has not shown any apprehension of petitioner influencing the material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail, thus 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 BNSS is allowed. It is ordered that the accused-petitioner Salim @ Bichhu S/o Rafeek @ Mithun arrested in connection with F.I.R. No.91/2024 registered at Police Station Ghantaghar, District Udaipur 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.