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.

Order :

1. These applications for bail under Section 483 of BNSS have been filed by the petitioners who have been arrested in connection with F.I.R. No.386/2024 registered at Police Station Makrana, District Deedwana-Kuchaman for the offences under Sections 189(2), 331(6), 304(2), 326(g), 324(4) & 109(2) of BNS.

2. Heard learned counsel for the petitioners and the learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioners submitted that the co- accused persons namely Shakti Singh (S.B. Criminal Miscellaneous Bail Application No.352/2025), Krishan Pal @ Kuldeep Singh (S.B. Criminal Miscellaneous Bail Application No.1259/2025) and Shivraj Singh (S.B. Criminal Miscellaneous Bail Application No.1260/2025) have already been enlarged on bail by this Court vide order dated 29.01.2025. Learned counsel further submitted that the case of the present petitioners is not distinguishable from that of the above named co-accused persons.

4. Learned counsel for the petitioners submitted that the petitioners are in judicial custody; the challan against the present petitioners has already been filed before the competent Criminal Court and 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 have vehemently opposed the bail applications. Learned counsel for the complainant submitted that in the alleged incident which occurred on 31.10.2024, the petitioners had brutally beaten the injured persons without there being any provocation and, therefore, looking to the seriousness of the allegations levelled against the present petitioners, they do not deserve to be enlarged on bail.

6. Heard learned counsel for the parties at Bar and perused the order dated 29.01.2025 passed by this Court. The order dated 29.01.2025 is reproduced hereinbelow for ready reference:-

“These applications for bail under Section 439 Cr.P.C. (483 BNSS) have been filed by the petitioners who have been arrested in connection with F.I.R. No.386/2024, registered at Police Station Makrana, District Deedwana-Kuchaman, for offences under Sections 189(2), 331(6), 326(g), 115(2), 324(4) and 117(2) of BNS.

Learned counsel for the petitioners submitted that the petitioners had no motive to commit the alleged crime. Learned counsel submitted that on 31.10.2024, a free fight took place between the parties wherein the injuries have been received by the complainant party as well as by the accused persons. Learned counsel submitted that for the alleged incident which occurred on 31.10.2024, a cross FIR No.387/2024 has been lodged at P.S. Makrana, District Deedwana-Kuchaman against the complainant party wherein the police after making a thorough investigation has prima facie found the allegations levelled against the members of the complainant party to be correct.

Lastly, learned counsel for the petitioners submitted that the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. Learned counsels for the complainant submitted that in the alleged incident which occurred on 31.10.2024, the petitioners had brutally beaten the injured persons without there being any provocation and looking to the seriousness of the allegations levelled against the present petitioners, they do not deserve to be enlarged on bail.

Heard learned counsel for the parties at Bar.Perused the material available on record.

This Court looking to the nature of allegations levelled against the present p