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MANOJ KUMAR GARG
Sundardas @ Surendra – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Manoj Kumar Garg, J. - The present second bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.395/2021 Police Station Pratapnagar, District Jodhpur for the offence punishable under Sections 376(2)(N), 376-D, 384, 504, 506 IPC & Section 67-a of the Information Technology act. The first bail application was dismissed vide order dated 10.11.2021 by which the liberty was granted to the petitioner to file afresh after filing of the challan.
2. Counsel for the petitioner submits that the charges have been framed against the petitioner for offences under Sections 384, 504 & 506 IPC as well as Section 67-a of IT act. Counsel further submits that similarly situated co-accused Shrawan Kumar has already been enlarged on bail and the case of the present petitioner is similar to that of the co-accused. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor as well as counsel for the complainant vehemently opposed the bail application.
4. Having regard to the
The main legal point established in the judgment is the consideration of the similarity of the case with a previously granted bail to a co-accused as a basis for granting bail to the accused petition....
The court has the discretion to grant bail to the accused petitioner 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 of the case, without expressing any opinion on the merits 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.
The court may grant bail to an accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances, including the turning hostile of the prosecutrix and the absence of c....
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
Grant of bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits 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 of the case.
Granting bail based on the release of similarly situated co-accused and the lengthy trial process, without expressing any opinion on the merits of the case.
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