HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
HANUMAN RAM @ HADMAT – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
1. This application for bail under Section 483 BNSS 2023 has been filed by the petitioner who has been arrested in connection with FIR No.30/2021 registered at Police Station Sanderao, District Pali, for offences under Sections 186, 332, 333, 353, 307/34 IPC.
2. Learned counsel submitted that as per the prosecution, on 14.02.2021, the petitioner ran his Isuzu vehicle over Dholaram, Sub Inspector, posted at Sanderao Police Station. In the alleged incident, which occurred on 14.02.2021, Dholaram, Sub Inspector has sustained serious injuries.
3. Learned counsel submitted that the petitioner has been arrested on 05.12.2024 i.e. after about four years from the date of alleged incident. There is nothing on record to indicate that the petitioner had any intention to kill the police personnel while he was performing his public duty. The alleged incident occurred as Dholaram, Sub Inspector came in front of the vehicle while trying to stop it.
4. Lastly, learned counsel submitted that the petitioner is in judicial custody; the petitioner does not have any criminal antecedents and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the
The court granted bail based on the absence of criminal antecedents and significant delay in arrest, emphasizing these factors in the context of the bail application.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
The court granted bail to the accused-petitioner due to insufficient evidence linking him to the negligent driving incident, emphasizing the importance of trial duration in bail considerations.
The court granted bail based on the non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
a man is innocent until he is found guilty and bail is rule while jail is an exception.
The court affirmed that bail is the rule while incarceration is the exception, emphasizing judicial discretion based on the nature of accusations and evidence completeness.
The court granted bail based on the principle of parity, finding no distinguishable role of the petitioner compared to a co-accused already released on bail.
The court granted bail based on the nature of injuries and lack of motive, emphasizing judicial discretion in bail applications.
The court granted bail based on the nature of injuries being simple and the completion of the investigation, with no risk of influencing witnesses.
The court emphasized the presumption of innocence and granted bail based on the nature of injuries and absence of recovery from the accused.
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