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RAMESHWAR VYAS
Shankar @ Sandeep – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Rameshwar Vyas, J. - The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 131/2014 registered at Police Station Bichhawal, District Bikaner for offences punishable under Sections 302, 307, 323, 341, 147, 148, 149 and 120-B of Indian Penal Code.
2. Heard learned counsel for the parties and perused the material available on record.
3. Learned counsel for the petitioner submits that as per prosecution story co-accused Bhanwar Lal gave an information to the effect that the present petitioner made available pistol and cartridges to Jagdish and others for committing murder of anandpal Singh in jail. The conspiracy to commit murder of anandpal Singh and Balveer Banura was made by Om Prakash with others. Learned counsel for the petitioner submits that Om Prakash and Bhanwar Lal have already been enlarged on bail.
4. Other co-accused namely Hanuman Jakhar, Dheeraj Sharma, Manoj Ola and Bhanwar Chhapara have also been released on bail. There is no justification to keep the present petitioner in custody, who is behind the bars since 21.3.2016. Challan has already been filed and trial may take time to
The court may grant bail to an accused under Section 439 Cr.P.C. based on the circumstances and without expressing any opinion on the merits of the case.
The court considered the statement of the prosecutrix indicating a consensual relationship and the absence of force in granting bail to the petitioner.
A court can grant bail under Section 439 Cr.P.C. by considering the duration of judicial custody and potential trial delays, without addressing case merits.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Granting bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Grant of bail based on absence of allegations of rape against the petitioner, main allegation against co-accused, and lack of criminal antecedents against the petitioner.
The court's decision to grant bail was based on the statement made by the prosecutrix, which did not level any allegation against the petitioners and raised doubts about the correctness of certain st....
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 absence of direct evidence and the lack of witness tampering risk justified granting bail despite serious allegations.
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