Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.

Order :

1. These applications for bail under Section 483 BNSS have been filed by the petitioners who have been arrested in connection with F.I.R. No.385/2024 registered at Police Station Banar, District Jodhpur, for offences under Sections 191(2), 191(3), 333, 115(2), 110, 180, 324(6) & 307 of BNS.

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

3. Drawing attention of this Court towards the FIR and challan papers, learned counsel for the petitioners submitted that the petitioners had no motive to commit the alleged crime. Learned counsel further submitted that the alleged incident occurred in the heat of moment. Further drawing attention of this Court towards the injury report of the injured – Rakesh Joshi, learned counsel for the petitioners submitted that the injuries allegedly inflicted by the petitioners upon the injured are though grievous in nature but not dangerous to life. Learned counsel for the petitioners further submitted that the investigation in the matter against the present petitioners has already been concluded.

4. 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 to conclude, therefore, the benefit of bail may be granted to the accused-petitioners.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that though the injuries allegedly inflicted by the petitioners upon the injured persons are grievous in nature but not dangerous to life. Further, learned Public Prosecutor was not in a position to refute the fact that the investigation against the present petitioners has already been concluded.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the petitioners are in judicial custody, the investigation against them has already been concluded. This Court also prima facie finds that the injuries allegedly inflicted by the petitioners upon the injured are though grievous in nature but not dangerous to life. This Court also prima facie finds that the prosecution has not shown any apprehension of petitioners influencing the material prosecution witnesses of the case or fleeing away from justice, in case they are enlarged on bail, thus without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

7. Consequently, these bail applications under Section 483 BNSS are allowed. It is ordered that the accused-petitioners Rajendra S/o Shri Bhanwar Lal and Pukhraj S/o Shri Bhanwar Lal arrested in connection with F.I.R. No. No.385/2024 registered at Police Station Banar, District Jodhpur, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their 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.