Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
HAYAT KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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
Bail may be granted when injuries are grievous but not life-threatening, investigation is complete, and no flight risk exists.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
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 may be granted when petitioners are not specifically named in the FIR and have no assigned role in the alleged crime, highlighting the discretionary nature of bail.
Bail may be granted when the accused is not a flight risk and the investigation is complete, despite claims of habitual offending.
The court granted bail to certain accused based on the nature of injuries and judicial custody duration, while emphasizing the need for personal bonds and sureties.
The court granted bail due to insufficient specific allegations against the petitioner and lack of risk of tampering with evidence.
Bail may be granted if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
Bail granted due to lack of evidence from material witnesses and absence of criminal antecedents, emphasizing judicial discretion in bail applications.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
