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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
CHANDRA PRAKASH SHRIMALI
Chhinda Singh @ Chinda S/o Shri Labh Singh – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
CHANDRA PRAKASH SHRIMALI, J.
1.These applications for bail under Section 483 of BNSS (439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.249/2024, registered at Police Station Hindumalkot, District – Sri Ganganagar for offences under Sections 103(1), 189(2), 190 & 191(2) of the BNS.
2. Learned counsel for the petitioners submits that he does not want to press the bail application qua accused-petitioner Chhinda (in S.B. Criminal Miscellaneous Bail Application No. 3805/2025) and seeks a liberty to file fresh bail application after recording of the statements of the eye-witnesses and the Doctor.
3. Accordingly, the bail application qua accused-petitioner Chhinda (in S.B. Criminal Miscellaneous Bail Application No.3805/2025) is dismissed as not pressed with a liberty to file fresh bail application after recording of the statements of the eye-witnesses and the Doctor.
4. Learned Trial Court is expected to record the statement of the eye-witnesses and the Doctor expeditiously.
5. Heard learned counsel for the petitioners and the learned Public Prosecutor on the applications for bail filed on behalf of the accused Sona Singh, Gurmej Singh
The court ruled that bail cannot be granted when witness testimonies are pending and the accused's involvement in a serious crime is established.
The absence of eye-witnesses and reliance on conjecture justified the granting of bail, emphasizing judicial discretion in bail applications.
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 presence of an accused at a crime scene does not establish guilt without specific allegations of their actions, warranting bail in lengthy trials.
Bail can be granted when witnesses turn hostile and cannot identify the accused, especially when the trial is expected to be lengthy.
Bail granted due to victim's hostile testimony undermining prosecution's case and consideration of judicial custody duration.
Bail can be granted when allegations involve simple injuries, no criminal history exists, and trial duration is expected to be lengthy.
The court grants bail considering the nature of injuries and the completion of investigation, emphasizing that observations are not to influence the trial court.
The lack of supporting testimony from key witnesses and prolonged trial duration justified the court's decision to grant bail, despite serious allegations.
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