Back
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
MANOJ S/O SHRI DHUARAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.663/2024, registered at Police Station Kotwali Dholpur, District Dholpur, for the offence(s) under Sections 189(2), 115(2), 126(2) and 109(1) of B.N.S.
2. Learned counsel for the petitioners submit that the accused- petitioners have falsely been implicated for the offences under Sections 189(2), 115(2), 126(2) and 109(1) of B.N.S. read with Section 3/25-A of the Arms Act. It is argued that the allegations against the accused-petitioners are omnibus in nature and not specific. The accused-petitioner-party also lodged a cross FIR against the complainant-party and the persons of accused- petitioner-party also sustained injures. The allegation of using firearm is against the other co-accused Manvendra and not against the present accused-petitioners. The accused-petitioners are in custody since 19.12.2024, investigation/trial of the case may take considerable time. None of the injured sustained any injury which was found to be dangerous to life, the injuries were found to be simple blunt in nature, th
The court granted bail to the accused-petitioners due to non-specific allegations and their prolonged custody, emphasizing the need for just treatment in the bail process.
The absence of prior criminal history and lack of direct involvement in the allegations against the accused-petitioner justified the grant of bail.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
The court emphasized the presumption of innocence and granted bail based on the nature of injuries and absence of recovery from the 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.
The court ruled that the severity of the charges and substantial evidence against the accused justified the denial of bail.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Long incarceration does not warrant bail in serious offences like murder when credible evidence and specific allegations against the accused exist.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
