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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
PAWAN PRAJAPAT S/O KALURAM PRAJAPAT – 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.511/2024 registered at Police Station Bhawani Mandi, District Jhalawar for the offence(s) under Sections 115(2), 126(2), 352 and 3(5) of BNS.
2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the specific allegation of causing head injury to the injured Prithviraj Singh is attributed to other person Tushar Mehra. The accused-petitioner did not cause any injury to the injured Prithviraj Singh. There was no intention on part of accused-petitioner to cause any injury or to commit any offence. The offence was committed by the other co-accused. There are no criminal antecedents present against the accused-petitioner and he is in custody since long and charge-sheet has already been produced before the concerned Court, therefore, the bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor has vehemently opposed the bail application and contended that as a result of injury caused by the accused-pet
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 emphasized the presumption of innocence and granted bail based on the nature of injuries and absence of recovery from the accused.
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 denied bail based on the seriousness of the allegations and the nature of injuries inflicted, highlighting the unreliability of the prosecution's case.
Bail granted as allegations against the accused-petitioner did not substantiate a denial of bail, emphasizing the lack of murderous intent.
The court granted bail to the accused-petitioner due to insufficient evidence linking him to the negligent driving incident, emphasizing the importance of trial duration in bail considerations.
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