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KULDEEP MATHUR
Ajiz – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No. 275/2020, registered at Police Station Kotwali, District Barmer, for offences under Sections 489A, 489B, 489C, 120B, 201 of Indian Penal Code.
2. Heard learned counsel for the petitioner as also the learned Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submits that in similar set of facts, this Court while deciding S.B. Criminal Misc. IIIrd Bail Application No. 6332/2022 (Ramakishan v. State of Rajasthan), has enlarged the co-accused on bail, vide order dated 23.05.2022, and the same is reproduced herein below:-
izkFkhZ&vfHkqDr dh vksj ls tekur dk ;g r`rh; vkosnu vUrxZr /kkjk 439 n.M izfØ;k lafgrk iqfyl Fkkuk dksrokyh ckM+esj ftyk ckM+esj esa ntZ izFke lwpuk fjiksVZ la[;k 275@2020] vijk/k vUrxZr /kkjk 8@21 o 29 Lokid vkS"kf/k ,oa eu% izHkkoh inkFkZ vf/kfu;e ds ekeys esa izLrqr gqvk gSA geus cgl tekur vkosnu lquh rFkk miyC/k vfHkys[k dk voyksdu fd;kA ;ksX; vf/koDrk izkFkhZ&vfHkqDr dk rdZ gS fd izkFkhZ&vfHkqDr dh vksj ls izLrqr izFke tekur vkosnu vLohdkj djrs oDr tCrh
Granting bail based on the circumstances and the precedent of similarly situated co-accused being enlarged on bail.
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....
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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 court may grant bail under Section 439 Cr.P.C. based on the circumstances and the nature of the alleged offences, without expressing any opinion on the merits/demerits of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The voluntary living of the prosecutrix with the accused-petitioner influenced the court's decision in granting bail.
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 was influenced by the interpretation of Section 439 Cr.P.C., considering the custody period, lack of specific role attributed to the petitioners, and the assurance given by their....
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