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KULDEEP MATHUR
Kanji – 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.187/2021, registered at Police Station Sadar, District Banswara for offences punishable under Sections 302 and 201 IPC.
2. Heard learned counsel for the petitioner so also the learned Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submitted that co-accused namely Smt. Manisha has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 02.01.2023 in S.B. Criminal Misc. Bail Application No.15385/2022 and the case of present petitioner is not distinguishable from that of the case of Smt. Smt. Manisha. The petitioner is in judicial custody 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 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 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.
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'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 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.
Bail should not be denied without specific evidence against the accused, and the absence of prior animosity supports the case for bail.
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