Bail may be granted when injuries are grievous but not life-threatening, investigation is complete, and no flight risk exists.

ORDER :

(KULDEEP MATHUR, J.)

1. This application for bail has been filed under Section 483 BNSS on behalf of the petitioner who has been arrested in connection with F.I.R. No.61/2024, registered at Police Station Sankada, District Jaisalmer for the offences punishable under Sections 326, 307, 323, 341, 342, 147 & 149 of IPC.

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

3. Learned counsel for the petitioner submitted that as per the prosecution, on 27.05.2024, the complainant and his uncle- Dose Khan were travelling in a vehicle, when the present petitioner along with the co-accused persons namely Hafieez, Dilbar Khan, Pathan Khan and Gani Khan came in two vehicles. Thereupon, the petitioner attacked the complainant by cutting his nose with a sharp edged weapon. As per the prosecution, when the alleged crime was being committed by the present petitioner, the co- accused Pathan Khan, Nasir Khan, Gani Khan and Dilbar Khan had caught hold of the complainant. Learned counsel submitted that in the alleged incident which occurred on 27.05.2024, victim- Aaban Khan has sustained injury which is though grievous in nature but not dangerous to life. Learned counsel further submitted that the co-accused persons namely Hafeez, Dilbar Khan, Pathan Khan and Gani Khan (Criminal Appeal No(s).5493 of 2024 arising out of Special Leave Petition (CRL.) No.15399/2024): “Hafeez & Ors. v. The State of Rajasthan” have already been enlarged on bail by the Hon’ble Supreme Court of India vide order dated 19.12.2024.

4. Lastly, learned counsel for the petitioner submitted that the investigation against the petitioner has already been completed; challan against him has already been filed before the competent Criminal Court; the petitioner is in judicial custody since 29.05.2024 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application. Learned counsel for the complainant submitted that in the present case the specific allegation levelled against the present petitioner is of cutting the nose of the victim- Aaban Khan with a sharp edged knife and the injured- Dose Khan was also caused an injury which is simple in nature, therefore, looking to the seriousness of the allegations levelled against the present petitioner, he does not deserve to be enlarged on bail. However, they were not in a position to refute the fact that the injuries allegedly inflicted upon the victim- Aaban Khan by the present petitioner are though grievous in nature but the same are not dangerous to life. They were also not in a position to refute the fact that the above named co- accused persons have already been enlarged on bail by the Hon’ble Supreme Court of India.

6. Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the injury allegedly inflicted upon the injured is though grievous in nature but the same is not dangerous to life; the investigation against the petitioner has already been completed; the prosecution has not shown any apprehension of the petitioner influencing the material prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail, thus without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Accordingly, the second bail application filed under Section 483 BNSS is allowed and it is directed that the petitioner Hayat Khan S/o Taje Khan shall be released on bail in connection with No.61/2024, registered at Police Station Sankda, District Jaisalmer provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and