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KULDEEP MATHUR
Rahman Khan @ Rahmu – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - This application for bail has been filed by the petitioner under Section 439 of the Cr.P.C. in connection with FIR No.41/2022, Police Station Merta G.R.P., District GRP Jodhpur for the offences under Sections 420, 306, 384 and 120-B IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material available on record.
3. Learned counsel for the petitioner submitted that co-accused Rahul Khan has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 09.02.2023 in S.B. Criminal Misc. 2nd Bail Application No.1589.
4. For ready reference, the order dated 09.02.2023 is reproduced as under:-
"This is the second bail application under Section 439 Cr.P.C. The petitioner was arrested in connection with FIR No.41/2022,Police Station Merta G.R.P. Distt. G.R.P. Jodhpur Metro for the offence under Sections 420, 306, 384, 120-B of IPC.
The first bail application of the petitioner was dismissed by this Court vide order dt. 23.11.2022 as not pressed.
Learned counsel for the petitioner submits that challan of the case has already been presented and no investigation is pending. It is further contended that
The court has the discretion to grant bail based on 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 facts and circumstances of the case, 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.
Granting bail based on the circumstances and the precedent of similarly situated co-accused being enlarged on bail.
Bail should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for 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's decision to grant bail was influenced by the consideration of the nature of injuries, the potential delay in the trial, and the facts and circumstances 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....
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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