GAUTAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application has been filed on behalf of the applicant/accused under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with FIR No. 102/2025, registered at Police Station Mahaveerji, District Karauli, for offences punishable under Ss. 115(2), 126(2), 352, 109(1), 3(5), and 332(b) of the Bharatiya Nyaya Sanhita (BNS).

(2.) Learned counsel for the applicant/accused submitted that the allegation against the applicant is that he inflicted an injury on the head of the injured Amar Singh. It is alleged in the FIR that the injury upon the head of injured Amar Singh was caused by a spade (phawda). However, the witnesses and the injured Amar Singh in their statement recorded under Sec. 180 BNSS have stated that the injury was caused by a stick (lathi). Thus, it is argued that there is a contradiction with regard to the fact of inflicting injury by a spade or a stick.

(3.) It is further submitted by the counsel for the applicant/accused that in the injury report the doctor has stated injury No.1 to be of grievous nature and has opined that the possibility of death due to the said injury cannot be ruled out, in case the medical treatment is not given timely. Therefore the medical report is ambiguous. It is contended that if any injury or ailment is remained untreated it may cause death of any person. It is also argued that the investigating officer has submitted the medical report contrary to established medical principles with the intention of providing undue benefit to the complainant party and causing prejudice to the applicant/accused. Learned counsel further submitted that if the said injury inflicted upon the head of Amar Singh is not considered grievous in nature, then at the most, the offence would fall under Sec. 115 of the Bharatiya Nyaya Sanhita, which is a bailable offence. It is contended that the concerned doctor has given vague report without any basis, apparently with the intention of converting the case into a non-bailable offence.