A court may grant bail if there is insufficient evidence of witness tampering or fleeing from justice during trial.

Order

10/07/2025 This second application for bail under Section 483 BNS S has been filed by the petitioner who has been arrested in connection with F.I.R. No.189/2024 registered at Police Station Rani, District Pali, for the offences under Sections 109(1), 115(2), 117(2), 126(2), 324(4), 351(2) and 238 of BNS .

Learned counsel for the petitioner submitted that in the alleged incident which occurred on 23.09.2024, the injury allegedly inflicted by the petitioner upon the head of the injured is neither grievous in nature nor dangerous to life. He further submitted that the statements of the injured persons have already been recorded before the competent criminal Court and, therefore, now there is no apprehension of petitioner influencing the complainant and the victim or tampering with the evidence.

Lastly, Learned counsel submitted that the petitioner is in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-

petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application. However, he was not in a position to show any apprehension of petitioner influencing remaining prosecution witnesses of the case or fleeing away from justice, in case he is enlarged on bail.

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

Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the second bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Ganpat Lal Alias Ganesh S/o Shri Mangi Lal arrested in connection with F.I.R. No.189/2024 registered at Police Station Rani, District Pali, 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.