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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Justice Praveer Bhatnagar, J
SANDEEP KUMAR @ CHIDA S/O SHRI ASHOK KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 632/2024 registered at Police Station Pratap Nagar, District Jaipur City (East) for the offence(s) under Sections 305(a), 115(2), 126 (2) and 351 (2) of BNS.
2. Learned counsel for the petitioner submits that the accused-petitioner has falsely been implicated in this case. Counsel further submits that injuries sustained to injured at his head is attributed to the other co-accused Mahesh. The FIR itself is exaggerated and it is alleged in the FIR that ten persons attacked on the complainant, the complainant has received only two injuries. It is also contended that there was land dispute between the Mahesh and complainant, petitioner has been unnecessarily dragged in the present case. The accused petitioner is in custody since 10.12.2024 and the trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused-petitioner.
3. Per contra, learned Public Prosecutor opposes the bail application and contended that in the FIR it is alleged in the FIR that co accused Mahesh along with
The court emphasized the presumption of innocence and granted bail based on the nature of injuries and absence of recovery from the accused.
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 granted bail due to insufficient specific allegations against the petitioner and lack of risk of tampering with evidence.
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 when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.
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 court granted bail based on the nature of injuries and lack of motive, emphasizing judicial discretion in bail applications.
Bail can be granted even for serious allegations if the injuries are grievous but not life-threatening, and the investigation is complete.
The court granted bail to certain accused based on the nature of injuries and judicial custody duration, while emphasizing the need for personal bonds and sureties.
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