Bail may be granted when injuries are not on vital parts, allegations are omnibus in nature, and other injured witnesses do not specifically name the accused in their statements.

Order

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.959/2024, registered at Police Station Shivdaspura, Jaipur City (South) for the offence(s) under Sections 189(2), 115(2), 126(2), 324(4) and 333 of BNS.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the injuries sustained by injured Shankar Singh were not on a vital part, though out of five injuries, three were reported to be grievous in nature. It is also contended that prima facie an offence under Section 110 of BNSS is not made out against the petitioner. It is further contended that the FIR was lodged against unnamed persons and one of the injured, Shankar Singh, has named the present petitioner along with other co-accused. Rajesh Meena, who has already been enlarged on bail by the trial Court itself. It is argued that other than the petitioner, three persons have also been charge-sheeted and against the other co-accused namely; Mukesh, Bali Meena, Madhu Meena, Chhoti Lal Meena, Ajay Gurjar and Rakesh Meena, investigation has been kept pending under Section 193(9) of BNSS. The injuries sustained by other injured, namely Krishna Pal and Mahesh and Mehara Singh, were also found to be simple blunt in nature. The allegations against the petitioner are not specific rather omnibus in nature. The accused-petitioner is in custody since 11.02.2026, the charge-sheet has already been submitted and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application and contended that the petitioner is a habitual offender and against the petitioner several other cases pertaining to offences under the IPC and BNS are registered, therefore, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. The injuries sustained by injured Shankar Singh were opined to be grievous in nature, however, the same are not on the vital part. The injuries sustained by the injured Krishnapal and Mahesh were opined to be simple and blunt in nature. The allegations made by injured Shankar Singh against the present petitioner are not specific rather omnibus in nature. The other injured witnesses Krishna Pal and Mahesh in their statement rendered under Section 180 of BNSS have not named the petitioner or any other accused, therefore, considering the aforesaid facts, without commenting anything on the merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner- Ramprakash @ Prakash Gudha S/o Shri Gulabchand, in connection with FIR No.959/2024, registered at Police Station Shivdaspura, Jaipur City (South), shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. The learned trial Judge shall also verify the address and the contact details of the surety through concerned S.H.O. before releasing the accused-petitioner on bail.

7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conc