HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
RAJENDRA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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 jud
Bail may be granted when injuries are grievous but not life-threatening, investigation is concluded, and no risk of influencing witnesses is present.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
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.
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 when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
Bail applications granted based on parity with co-accused and consideration of lengthy trial, without prejudice to trial court's future decisions.
The court granted bail to petitioners based on similar circumstances to co-accused previously granted bail, emphasizing no opinion on case merits.
Bail can be granted based on parity with co-accused, provided there is no risk of the accused influencing witnesses or fleeing justice.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
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.
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