HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
GINA @ RAJ – Appellant
Versus
STATE OF RAJASTHAN – Respondent
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
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 if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Bail can be granted when co-accused are released and specific allegations against the petitioner are lacking, considering the duration of judicial custody.
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 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 when the accused is not a flight risk, and the injuries caused are grievous but not life-threatening.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
Bail granted based on the nature of injuries and lengthy trial process, emphasizing that injuries are grievous but not life-threatening.
Bail may be granted when injuries are grievous but not life-threatening, investigation is complete, and no flight risk exists.
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