Bail may be granted when the accused is not a flight risk, and the injuries caused are grievous but not life-threatening.

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 to life.

5. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the fire arm allegedly used by the petitioner in commission of the alleged crime has already been recovered by the Investigating Agency; the challan against him has already been filed before the competent criminal Court; and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

6. Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to refute the fact that in the alleged incident which occurred on 06.09.2024, the gun shot/fire arm 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 to life. He was also not in a position to refute the fact 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.

7. 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.

8. Consequently, the bail application under Section 439 Cr.P.C . (483 BNSS) is allowed. It is ordered that the accused-petitioner- Bhanwar Singh S/o Deeparam, arrested in connection with F.I.R. No.413/2024, registered at Police Station Kotwali Nagaur, District Nagaur, 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.

9. 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.