The court can grant bail when there is a lack of evidence supporting the charges and the injuries involved do not pose a danger to life.

Order

04/06/2025

1. These present bail applications under Section 483 of BNSS (439 of Cr.P.C.) have been filed by the petitioners being aggrieved against the order dated 12.03.2025, passed by the learned Additional Sessions Judge District Jodhpur in Criminal Miscellaneous Case No.92/2025 and 90/2025, whereby the learned Court rejected the bail applications of the petitioners. The petitioners have been arrested in connection with the FIR No.33/2025 registered at Police Station Khedapa, District Jodhpur Rural for offences punishable under Sections 189(2), 74, 109(2)

and 303(2) of BNS.

2. Learned counsel for the petitioners submit that the allegation levelled against the petitioners is qua causing the injury through a kulhadi however, no recovery of kulhadi has been made from the petitioner and only two different lathis have been recovered at the instance of information given by the petitioners. The learned counsel for the petitioners have further invited attention of the Court towards the injury report and submits that only injury No.2 has been shown to be grievous and not dangerous to life, as far as injured Rinku is concerned and that too is on the ring finger and not on a vital part of the body. It has further been asserted that as regard with other injuries, all have been declared to be simple qua injured Rinku and qua other injured witnesses also. He further submits that the petitioners are behind the bars since 01.03.2025 and the trial would take sufficient time to conclude and no recoveries are due to be made from the petitioners. He further submits that the petitioners and the complainant are related to each other and family dispute has been given a colour of criminal offence.

3. Per contra, the learned Public Prosecutor opposes the bail application and submits that there are four injured in this case and the manner in which the incident has occurred, the petitioners do not deserve any indulgence of this Court.

4. Having considered the argument for both the sides and considering the facts and circumstances of the case and also considering the nature of the injury and the site of the injury and considering the fact that now no recoveries are to be effected from the petitioners, the bail application of the petitioners are allowed.

5. Consequently, the bail application under Section 483 B.N.S.S. is allowed. The accused/ petitioners Revant Ram son of Hema Ram and Panna Ram son of Hema Ram arrested in connection with FIR No.33/2015, registered at Police Station Khedapa, District Jodhpur, shall be released on bail; if not wanted in any other case, provided they furnish a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of the trial court, for their appearance before the Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

6. It is however clarified that at this stage the observations made are prima facie and the trial court shall proceed to decide the case on its own merit without being influenced by any observations made by this Court.

(SANDEEP SHAH (VACATION JUDGE)),J