HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Omprakash @ Prakash – Appellant
Versus
State of Rajasthan – Respondent
Order :
1. This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.324/2024 registered at Police Station Nohar, Dist. Hanumangarh, for the offences under Sections 117(2), 109(1), 115(2), 126(2) and 3(5) of BNS.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that injured- Kaluram in his statements recorded under Section 161 Cr.P.C. has stated that on the date of the alleged incident, he along with the petitioner and the co- accused Omprakash @ Prakash Karela was sitting on the rooftop of the house of Omprakash and were drinking alcohol. As per the injured- Kaluram, suddenly a quarrel erupted between them whereupon petitioner and the co-accused Omprakash @ Prakash beat him up and threw him down from the roof due to which he sustained injuries which are grievous in nature and dangerous to life.
4. Drawing attention of the Court towards the challan papers, learned counsel for the petitioner submitted that
The court denied bail based on the seriousness of the allegations and the nature of injuries inflicted, highlighting the unreliability of the prosecution's case.
The court granted bail due to insufficient specific allegations against the petitioner and lack of risk of tampering with evidence.
The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.
The court grants bail considering the nature of injuries and the completion of investigation, emphasizing that observations are not to influence the trial court.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
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 can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
The absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
Accused-petitioner granted bail due to lack of criminal antecedents and insufficient evidence linking him to the injury caused, as allegations primarily attributed to co-accused.
The court may grant bail if the nature of allegations is serious but injuries are minor, and there is no risk of influencing witnesses or fleeing.
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