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VINIT KUMAR MATHUR
Nikhil Kumar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.201/2018, Police Station Sheoganj, District Sirohi for the offence under Sections 147, 148, 364 & 302/149 of the IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner submits that after the rejection of the first bail application of the petitioner on 21.01.2020, the co-accused Rohit Kumar has already been granted bail by this Court vide order dated 15.12.2021 and the case of the present petitioner is not distinguishable from the case of the co-accused Rohit Kumar who has already been released on bail by this Court.
4. The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused person who has been enlarged on bail.
5. Having regard to the facts and circumstances of the case and upon a consideration of the arguments advanced and considering the fact that the case of the present petitioner is identical
The principle of parity in bail applications mandates that similarly situated accused persons should be treated equally, particularly when the prosecution fails to distinguish their cases.
The decision highlighted the principle of granting bail based on the similarity of the case with a co-accused who had been enlarged on bail, and the importance of considering the facts and circumstan....
The court's decision was influenced by the similarity of the petitioner's case to the co-accused who had been granted bail and the absence of recovery of contraband from the petitioner's possession, ....
The decision to grant bail was based on the similarity of the petitioner's case to that of the co-accused who had already been released on bail by the co-ordinate Bench of the Court.
The court's decision to grant bail to the accused-petitioners was influenced by the circumstances of the case, including the rejection of the first bail applications, the filing of the charge-sheet, ....
The main legal point established in the judgment is that the similarity of the petitioner's case with that of the co-accused persons who had been enlarged on bail influenced the court's decision to g....
The principle of parity in bail applications mandates that if a co-accused is granted bail under similar circumstances, the same should apply to other accused in the same case.
The court's decision to grant bail under Section 439 Cr.P.C. was influenced by the consideration of the statements recorded in the charge-sheet and the conclusion of the Police after the investigatio....
Granting bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances without expressing any opinion on the merits of the case.
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