Rajasthan High Court Grants Bail in Assault Case, Cites Completed Investigation and Nature of Injuries

Jodhpur, Rajasthan – The High Court of Rajasthan, Jodhpur Bench, on November 28, 2024, granted bail to Mohammad Amaan Alias Lucky Alias Maya , who was arrested in connection with an assault case involving multiple charges under the Bharatiya Nyaya Sanhita ( BNS ) and the Arms Act . Justice Kuldeep Mathur , presiding over the bench, allowed the bail application filed under Section 439 of the Code of Criminal Procedure (Cr.P.C.), corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita ( BNS S).

Case Background

The petitioner, Mohammad Amaan , was implicated in F.I.R. No.125/2024, registered at Police Station Hathipol, District Udaipur. The charges against him included offences under Sections 126 (2) , 115 (2) , 118 (1) , 118 (2) , 109 (1), and 3 (5) of the BNS , as well as Section 4/25 of the Arms Act . The prosecution alleged that on July 5, 2024, the petitioner inflicted several injuries upon the complainant.

Arguments Presented

Petitioner's Submissions: The counsel for Mohammad Amaan argued for bail on several grounds:

1. Nature of Injuries: Drawing attention to the complainant's injury report, the counsel emphasized that the injuries sustained were either simple or grievous, but crucially, not dangerous to life.

2. Completed Investigation: It was submitted that the investigation against the petitioner had already been concluded.

3. Judicial Custody and Trial Duration: The petitioner was in judicial custody, and the trial was anticipated to take a considerable amount of time. Therefore, continued incarceration was not warranted.

State's Opposition: The learned Public Prosecutor vehemently opposed the bail application. However, the prosecution could not refute the fact that the investigation against the petitioner was complete. Furthermore, the Public Prosecutor did not present any specific apprehensions that the petitioner would influence the case, tamper with evidence, or abscond if released on bail.

Court's Reasoning and Decision

After hearing arguments from both sides and perusing the material on record, Justice Kuldeep Mathur observed that, without expressing any opinion on the merits or demerits of the case, the court was inclined to grant bail.

The court's decision was based on a consideration of: * The rival submissions made by the petitioner's counsel and the Public Prosecutor. * The overall facts and circumstances of the case. * The completion of the investigation. * The nature of the injuries, which were not deemed life-threatening. * The absence of any demonstrated risk of the petitioner influencing the prosecution, tampering with evidence, or fleeing from justice.

The judgment stated: > "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 bail application under Section 439 Cr.P.C. (483 BNS S) was allowed.

Bail Conditions

Mohammad Amaan Alias Lucky Alias Maya is to be released on bail, provided he is not wanted in any other case, upon furnishing: * A personal bond of Rs. 50,000/-. * Two sureties of Rs. 25,000/- each.

These are to be furnished to the satisfaction of the learned trial court. The petitioner is also required to appear before the trial court on every date of hearing and whenever called upon to do so until the completion of the trial.

The High Court clarified that any findings or observations made in the bail order are for the limited purpose of adjudicating the bail application and should not prejudice the trial court during the main proceedings.