Bail may be granted when the accused is not a flight risk and the investigation is complete, despite claims of habitual offending.

ORDER :

(KULDEEP MATHUR, J.)

1. This application for bail under Section 439 Cr.P.C. (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.225/2024, registered at Police Station Rajtalab, District Banswara, for offences under Sections 109(1), 115(2) and 118(1) of BNS.

2. Heard learned counsel for the parties at Bar. Perused the material available on record.

3. Drawing attention of the Court towards the challan papers and the injury report of the injured persons attached with the chllan papers, learned counsel for the petitioner submitted that in the alleged incident which occurred on 30.10.2024, the injuries allegedly inflicted by the petitioner upon the injured – Prakash are though grievous in nature but are not dangerous to life.

4. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody since 31.10.2024; the investigation against him has already been concluded; the sharp weapon allegedly used in commission of the alleged crime has already been recovered by the Investigating Agency; and the trial of the case is not likely to conclude in the near future, therefore, the benefit of bail may be granted to the accused-petitioner.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that the petitioner is a habitual offender and therefore, he does not deserve to be enlarged on bail. However, he was not in a position to refute the fact that in the alleged incident which occurred on 30.10.2024, the injuries allegedly inflicted by the petitioner upon the injured – Prakash are though grievous in nature but are not dangerous to life. He was also not in a position to refute the fact that the investigation against him has already been concluded and there is no apprehension of the petitioner influencing the material prosecution witnesses of the case or tampering with the evidence or fleeing away from justice, in case, he is enlarged on bail.

6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

7. Consequently, the bail application under Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the accused-petitioner- Gina @ Raj S/o Shri Gattu, arrested in connection with F.I.R. No.225/2024, registered at Police Station Rajtalab, District Banswara, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for his 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.