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KULDEEP MATHUR
Shanker Lal – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Kuldeep Mathur, J. - The application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.194/2022, registered at Police Station Lohariya, District Banswara for offences punishable under Sections 447, 354 and 376/511 IPC.
2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the case diary made available to the Court by learned Public Prosecutor, in compliance of the order dated 13.01.2023 passed by a Coordinate Bench of this Court.
3. Learned counsel for the petitioner submitted that the petitioner is an innocent person and has falsely been implicated in this case. The petitioner is behind the bars since 22.12.2022 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused petitioner.
4. On the contrary, learned Public Prosecutor has opposed the bail application of the accused-petitioner.
5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserve
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 court has the discretion to grant bail under Section 439 Cr.P.C. based on the circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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 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 court may grant bail based on the consideration of the triability of the offence, the petitioner's custody, and the expected duration of the trial, without expressing any opinion on the merits of....
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