The court granted bail based on the nature of injuries and lack of motive, emphasizing judicial discretion in bail applications.

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 cum AAG and learned Public Prosecutor has opposed the bail application. However, they were not in a position to refute the fact that the injuries allegedly suffered by the injured Dinesh are though grievous in nature but not dangerous to life and neither on his vital body parts.

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

7. Having considered the rival submissions, facts and circumstances of the case and without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner No.2 Vikas @ Kalu on bail.

8. It is directed that the petitioner No.1 Anil Kumar S/o Rohtash shall be at liberty to file a fresh bail application after filing of the challan, as prayed.

9. Accordingly, the bail application under Section 483 BNSS 2023 is partly allowed and it is ordered that the accused- petitioner No.2 Vikas @ Kalu S/o Sultan Ram shall be enlarged on bail in connection with FIR No.530/2024 registered at Police Station Rajgarh, District Churu, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

10. 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.