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VINIT KUMAR MATHUR
Naresh @ Prince Viashnav – 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.112/2021, Police Station Pur, District Bhilwara for the offences under Sections 364, 302, 201 and 397/34 of IPC and Section 4/25 of arms act.
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 the first bail application was rejected by this Court on 28.01.2022 with a liberty to file a fresh bail application after recording the statement of Shivam before the learned trial court. He further submits that the seven prosecution witnesses including PW-7 Shivam have been examined before the trial court. He further submits that all the seven prosecution witnesses have not supported the prosecution case. Learned counsel submits that PW-7 Shivam has been declared hostile. He further submits that there is no evidence on record except the testimony of PW-7 Shivam to connect the present petitioner with the offence alleged in this case. Therefore, it is prayed that the petitioner may be enl
The principle of parity in bail applications mandates that similarly situated accused persons should be treated equally, particularly when the prosecution fails to distinguish their cases.
The court has the discretion to grant bail based on the circumstances of the case, including the stage of the trial and the likelihood of a prolonged trial.
The court's decision to grant bail was influenced by the nature of the recovered contraband and the expected duration of the trial.
The lack of specific allegations and lack of support from a key witness can be influential factors in granting bail.
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 decision to grant bail was based on the lack of evidence connecting the petitioner with the recovery of contraband and the absence of crucial evidence, as well as the absence of pending or decide....
The principle of parity in bail applications mandates that if a co-accused is granted bail under similar circumstances, the same should apply to other accused in the same case.
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