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VIJAY BISHNOI
Vinod Kumar – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.
2. The petitioners have been arrested in FIR No.220/2018 of Police Station Taranagar, District Churu for the offences punishable under Sections 148, 365, 395, 396, 325, 302, 323 and 149 IPC.
3. They have preferred these second bail applications under Section 439 Cr.P.C.
4. Learned counsel for the petitioners has submitted that the co-accused persons viz. Rajendra Singh @ Raju, Jaideep @ Saimond, Krishan Kumar and Vinod Kumar have already been enlarged on bail by the Coordinate Benches of this Court and the case of the petitioners is not distinguishable from that of co-accused.
5. Learned Public Prosecutor has opposed the bail applications, however, he is not in a position to dispute the fact that the co-accused persons viz. Rajendra Singh @ Raju, Jaideep @ Saimond, Krishan Kumar and Vinod Kumar S/o Sultan have already been enlarged on bail by the Coordinate Benches of this Court and the case of the petitioners is not distinguishable from that of co-accused.
6. Having regard to the totality of the facts and circumstances of the case, without
The court granted bail to the accused petitioners under Section 439 Cr.P.C. based on the fact that the alleged offences were triable by Magistrate.
The court has the discretion to grant bail under Section 439 Cr.P.C after considering the totality of the facts and circumstances 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.
The key legal principle established is that the triability of offences by a Magistrate can be a significant factor in granting bail under Section 439 Cr.P.C.
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 may grant bail under Section 439 Cr.P.C based on the totality of the facts and circumstances of the case.
The court has the discretion to grant 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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