The court granted bail under Section 439 Cr.P.C. considering the nature of injuries, completion of investigation, and absence of flight risk.

Order

This application for bail under Section 439 Cr.P.C . (483 BNSS) has been filed by the petitioner who has been arrested in connection with F.I.R. No.66/2024, registered at Police Station Nosra, District Jalore, for offences under Sections 115(2), 126(2), 118(1), 118(2), 117(2) and 110 of BNS.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per the prosecution, in the alleged incident which occurred on 02.09.2024, the petitioner has inflicted several injuries to the injured. Drawing attention of the Court towards the injury report, learned counsel submitted that as per the Medical Jurist, the injuries Nos.1 and 2 inflicted upon the injured are though grevious in nature but are not dangerous to life. The injuries Nos.3, 4 and 5 are simple in nature.

Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody; the investigation against him has already been completed; the challan has already been filed before the competent criminal Court; no recovery is due to be made from the present petitioner; and the trial of the case will take sufficiently long time, therefore, the benefit of bail should be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the injuries Nos.1 and 2 inflicted upon the injured are though grevious in nature but are not dangerous to life while the injuries Nos.3, 4 and 5 are simple in nature. This Court also prima facie finds that the investigation against the petitioner has already been completed; the challan has already been filed before the competent criminal Court; no recovery is due to be made from the present petitioner; and the prosecution has not shown any apprehension of the petitioner influencing the material proseuction witnesses of the case or fleeing away from justice, in case, he is enlarged on bail. Thus, without expressing any opinion on merits/ demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 439 Cr.P.C . (483 BNSS) is allowed. It is ordered that the accused-petitioner- Kuya Ram S/o Shri Tikma Ram, arrested in connection with F.I.R. No.66/2024, registered at Police Station Nosra, District Jalore, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for his appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.