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2023 Supreme(Raj) 919

KULDEEP MATHUR
Faudaram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Bharat Singh Rathore, Advocate, Anita Gehlot, Advocate

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.59/2022, Police Station Palri-M, Sirohi for the offence under Section 302 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 the petitioner and the deceased both drank liquor together and scuffled. The deceased suddenly fell down and received injury by falling on stone and died after six days from the date of the incident. There was no previous enmity between the petitioner and the deceased and, therefore, no motive can be attributed to the petitioner. Challan has already been filed in the matter; the petitioner is behind the bars and trial will take sufficiently long time. It is also submitted that no fruitful purpose would be served by keeping the petitioner behind the bars. Therefore, the petitioner may be enlarged on bail.

4. Learned Public Prosecutor vehemently opposed this bail application.

5. Having regard to the facts and circumstances of the case and without expressing any opinion on the merits/demerits

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