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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
BHANWAR SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
(KULDEEP MATHUR, J.)
1. This application for bail under Section 439 Cr.P.C . (483 BNS S) has been filed by the petitioner who has been arrested in connection with F.I.R. No.413/2024, registered at Police Station Kotwali Nagaur, District Nagaur, for offences under Sections 329(3) , 109(1) and 118(2) of BNS ; and Sections 3/25 and 7/27 of Arms Act .
2. Heard learned counsel for the parties at Bar. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the petitioner, who is an Ex-Army Personal, has been falsely implicated in the present case owing to previous animosity with the complainant party. Learned counsel submitted that various civil/revenue disputes are going on between the present petitioner and the complainant party.
4. Drawing attention of the Court towards the challan papers and the injury report of the injured persons attached with the challan papers, learned counsel for the petitioner submitted that in the alleged incident which occurred on 06.09.2024, the gun shot injuries allegedly inflicted by the petitioner upon the injured persons namely Gomti Devi, Omprakash and Mamata are though grievous in nature but are not dangerous t
Bail may be granted when the accused is not a flight risk, and the injuries caused are grievous but not life-threatening.
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 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 if the accused is in judicial custody, the trial will take a long time, and there is no risk of influencing witnesses.
Bail may be granted if co-accused have been released and investigation is complete, despite serious allegations.
The court granted bail due to insufficient evidence linking the petitioner to the crime and the lengthy duration of judicial custody.
The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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.
A petitioner cannot be denied bail solely based on co-accused statements when not named in the FIR and lacking direct evidence.
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