HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
ANIL KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
1. At the outset, learned counsel for the petitioners does not want to press the instant bail application qua the petitioner No.1 Anil Kumar S/o Rohtash
2. This application for bail under Section 483 BNSS 2023 has been filed by the petitioners who have been arrested in connection with FIR No.530/2024 registered at Police Station Rajgarh, District Churu, for offences under Sections 109(1), 117(2), 126(2), 115(2), BNS.
3. Learned counsel for the petitioners submitted that the petitioner No.2 has been falsely implicated in the present case. Learned counsel submitted that in the alleged incident which occurred on 08.12.2024, the injuries succumbed by the injured Dinesh are though grievous in nature but not on his vital body parts and neither dangerous to life. Learned counsel also submitted that the petitioner No.2 was merely a co-passenger in the camper vehicle which hit the injured Dinesh and he has no motive to commit the alleged crime.
4. Lastly, learned counsel submitted that the petitioner No.2 is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioners.
5. Per contra, learned GA
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 non-life-threatening nature of the injuries and the completion of the investigation, emphasizing the importance of trial duration in bail considerations.
Bail granted based on the nature of injuries and lengthy trial process, emphasizing that injuries are grievous but not life-threatening.
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 can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
The court emphasized the presumption of innocence and granted bail based on the nature of injuries and absence of recovery from the accused.
Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
The court granted bail due to insufficient specific allegations against the petitioner and lack of risk of tampering with evidence.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
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