Bail may be granted if there is insufficient evidence linking the accused to the crime and their continued detention is unjustified.

Order

1. The present order disposes of both the applications (S.B. Criminal Miscellaneous Bail Application No. 12245/2024 and 12729/2024). Applicants have preferred these bail applications under Section 483 of B.N.S.S. (Old Section 439 Cr.P.C.). The applicants have been arrested in connection with FIR No.125/2024 of Police Station Fefana, District – Hanumangarh for the offences punishable under Sections 333, 140(3), 115(2), 117(2), 126(2) of the B.N.S.

2. The case of the prosecution is that on 09.08.2024 the complainant Sushil Kumar gave a Parcha Bayan to the police alleging therein that on 09.08.2024 at about 9:00 am., present applicants along with other accused-persons came in Bolero to his house and took him in the Bolero and reached near School at Harizan Basti and there they have allegedly beaten the complainant with fists, leaving him in unconscious condition and fled away from the spot. On the said Parcha Bayan the FIR was registered against the accused persons.

3. Learned counsel for the applicants submits that the applicants have falsely been implicated in this case. It is further submitted that the applicants and the victims belongs to the same village and they are relative also. Learned counsel further submits that neither their names were found in the FIR nor were there Test Identification Parade was conducted.

4. Learned counsel for the applicant further submits that the accused-applicants are in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-applicants may be enlarged on bail.

5. Learned Public Prosecutor and the learned counsel for the complainant have vehemently opposed the bail application, while contending that the investigation is still pending. The accused persons have brutally beaten the injured and they should not be enlarged on bail.

6. As seen from the injury report of the injured, there are 5 injuries all are given from the blunt object. One injury on the left hand thumb is grievous in nature. There is no specific overt act attributed to the accused-applicants regarding nature of injury caused by them. In fact the names of the accused-applicants were not reflected in the FIR and both the parties belong to the same village. If the victim knew them, he must supply their names to the police while registering his complaint.

7. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused-

applicants under Section 483 of BNSS (Old Section 439 Cr.P.C.)

8. Accordingly, both these bail applications filed under Section 483 of BNSS (Old Section 439 Cr.P.C.) are allowed and it is directed that applicants (1) Pradeep Kumar S/o Nand Lal Singh, (2) Sumit S/o Gajendra Singh and (3) Ramesh S/o Surajbhan Singh in S.B. Criminal Miscellaneous Bail Application No. 12245/2024 and the applicant Ajay Singh S/o Dinesh in S.B. Criminal Miscellaneous Bail Application No. 12729/2024 shall be released on bail in connection with FIR No.125/2024 of Police Station Fefana, District – Hanumangarh, provided each of them executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.