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VINIT KUMAR MATHUR
Sunil Chouhan – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.246/2021, Police Station Boranada, District Jodhpur for the offences under Sections 302/34 IPC.
2. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. It is submitted by learned counsel for the petitioner that after rejection of the first bail application by this Court on 16.02.2022, the statement of seven prosecution witnesses have been recorded before the trial court including PW-7 Babu Lal, who is the owner of the factory, where the incident had taken place. Learned counsel further submits that the deceased Surendra Singh was working as a contract labour at the premises of PW-7 Babu Lal, however, Dampi and Mehraj were given a contract at a lessor rate than Surendra Singh was working. Learned counsel further submits that Surendra Singh went to the factory premises of PW-7 and started fighting with Dumpy and Mehraj abusing them that why they have taken his work at a lessor rate. He further submits that the deceased along with other perso
The court's decision was based on the consideration of the facts and circumstances of the case, and the intention of the accused-petitioners in causing the injuries.
The court has the discretion to grant bail based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
Bail can be granted when the evidence does not directly link the accused to the commission of the fatal act, emphasizing the principle of presumption of innocence.
The court may grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, including the petitioner's detention and the non-appearance of a key witness, with....
The Court considered the similarity of the petitioner's case to the co-accused who had been enlarged on bail and the exceptional circumstances due to the COVID-19 pandemic in granting bail under Sect....
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 established that doubts in the prosecution's case, particularly from the victim's testimony, can justify the granting of bail under Section 439 Cr.P.C.
The court considered material contradictions in the complainant's statements, the duration of injuries, and the prolonged trial process in granting bail to the petitioner.
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