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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SITA RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
1. The application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.99/2024 registered at Police Station Napasar, District Bikaner for offences under Sections 307, 458, 323, 427 & 34 of IPC.
2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.
3. Drawing attention of the Court towards the injury report of the injured, learned counsel for the petitioners submitted that in the alleged incident which occurred on 22.05.2024, injuries allegedly inflicted by the petitioner upon injured are simple in nature. Learned counsel for the petitioner submitted that the investigation in the matter against the present petitioner has already been completed and challan has already been filed before the competent Criminal Court.
4. Lastly, learned counsel for the petitioner submitted that the petitioner is 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-petitioner.
5. Per contra, learned Public Prosecutor has vehemently opposed the bail applicati
The court granted bail based on the nature of injuries being simple and the completion of the investigation, with no risk of influencing witnesses.
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.
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.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
Bail may be granted when the accused is not a flight risk and the investigation is complete, despite claims of habitual offending.
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.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
Bail may be granted when the accused has not played an active role in the alleged crime and the trial is expected to be lengthy.
Bail may be granted when investigation is complete and no risk of influencing witnesses exists, emphasizing case-specific evaluation.
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