The court emphasized the presumption of innocence and granted bail based on the nature of injuries and absence of recovery from the accused.

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 present accused-petitioner caused injuries at the head of the injured Govind Singh, as a result of assault injured sustained grievous injuries at his hand. The petitioner is a habitual offender and against him four cases under various offences are pending, therefore considering the criminal antecedents of the petitioner, his bail application deserves to be dismissed.

4. Heard and perused the material available on the record.

5. Considering the fact that the injuries sustained to injured Govind a his head was found to be simple in nature and other injury is not at vital part. Charge-sheet against the accused- petitioner has already been produced before the concerned court. No recovery of any articles alleged to be robbed were effected from the petitioner’s possession, therefore considering the above facts and without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Sandeep Kumar @ Chida S/o Shri Ashok Kumar, in connection with FIR No. 632/2024 registered at Police Station Pratap Nagar, District Jaipur City (East)shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge.

7. The accused- petitioner is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Magistrate.