No specific injury was attributed to the applicant, and the complainant's failure to appear justifies the granting of bail considering the right to liberty and a speedy trial.

Order :

DINESH MEHTA, J.

1. This second application for bail has been filed by the applicant under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘ BNSS ’) (section 439 Cr.P.C.) in connection with FIR No.179/2016, registered at Police Station Bilara, Jodhpur for the offences under sections 148, 341, 323, 324, 326, 365, 367, 395, 397, 308/149 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as ‘IPC’).

2. The first bail application (being S.B. Criminal Miscellaneous Bail Application No.10498/2023) filed on behalf of the applicant was dismissed on 11.01.2024.

3. Mr. Sanjay Bishnoi, learned counsel for the applicant submitted that on perusal of the FIR and other evidence produced by the prosecution, it is apparent that no specific allegation of causing particular injury has been attributed to the applicant and none of the injuries suffered by the complainant is life threatening.

4. He further submitted that the applicant is behind the bars since 09.11.2022 and in spite of the repeated summons issued by the trial Court, the complainant is not turning up in the witness box.

5. Learned Public Prosecutor and learned counsel for the complainant both vehemently opposed the bail application by observing that the applicant is having criminal antecedents and not only he had been recognized by the complainant but also his name has been written by the complainant in the written report.

6. It was submitted by learned counsel for the complainant that the offence alleged against the applicant under section 326 of the IPC is punishable with life imprisonment and therefore, no indulgence be granted, particularly when the first bail application was rejected on the very same grounds.

7. Heard learned counsel for the parties.

8. On consideration of the material, this Court finds that though the complainant had identified and named the applicant, but no specific allegation about kind of injury and weapon used by the applicant have been leveled. Maybe, the offence if proved, may result in punishment of life imprisonment, but having regard to the nature and allegation leveled against all the co-accused, this Court is of the view that the applicant cannot be kept incarcerated till indefinite period, more particularly, when the complainant and other witnesses are not turning up to lead their evidence, as is evident from perusal of the proceeding of the trial Court, which learned counsel for the applicant has placed on record.

9. It is to be noted that applicant’s first bail application (being S.B. Criminal Miscellaneous Bail Application No.10498/2023) was dismissed by this Court on 11.01.2024 on which stage, the factum of pending 18 cases against him, too was considered. However, more than a year has since passed and applicant has remained incarcerated for more than two years. Considering the merit of the case and the fact that long list of witnesses is yet to be examined, this Court is of the considered view that keeping the applicant behind the bars simply because there are multiple cases pending against him, would be against settled cannons of law of liberty and speedy trial.

10. Consequently, the II bail application filed under section 483 of BNSS is allowed. The applicant - Rajesh @ Rajuram @ Fauzi S/o Shri Karnaram arrested in connection with FIR No.179/2016, registered at Police Station Bilara, Jodhpur shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.

11. Applicant shall be required to appear before that Court on