The court established that the right to bail can be granted based on the circumstances of the case, including the nature of the allegations and the status of co-accused.

Headnote:
BAIL - CRIMINAL PROCEDURE - The court granted bail under Section 439 Cr.P.C. to the accused-petitioner, considering the nature of allegations, the fact that co-accused had been granted bail, and the prolonged duration of the trial. The court emphasized the importance of not commenting on the merits of the case while ensuring the accused's right to a fair trial.
Fact of the Case:

The petitioner, Kamlesh, was arrested in connection with FIR No.74/2021 for the offence under Section 302/34 IPC. The petitioner argued that he only inflicted fist-blows and that a co-accused had already been granted bail.
Finding of the Court:

The court found that the arguments presented warranted the granting of bail, taking into account the circumstances of the case and the fact that the trial would take a significant amount of time.
Issues: Whether the petitioner is entitled to bail considering the nature of the allegations and the status of co-accused.
Ratio Decidendi: The court held that the mere allegations against the petitioner, coupled with the fact that a co-accused had been granted bail, justified the granting of bail to the petitioner.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.

JUDGMENT

Manoj Kumar Garg, J. - The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.74/2021, Police Station Gingala, Distt. Udaipur for the offence under Section 302/34 IPC.

2. Learned counsel for the petitioner submits that eye-witnesses Ganga Meena and Praksh have specifically made allegation against co-accused Dinesh. The accused-petitioner Kamlesh and Smt. Jamna Devi gave only fist-blows. It is further stated that co-accused Jamna Devi has already been granted bail by this Court and the case of the present petitioner is not distinguishable from that of the co-accused. Moreover, challan of the case has already been presented The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the arguments advanced before me and gone through the material available on record.

5 .Taking into account the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Kamlesh S/o Shri Nawal Ram shall be enlarged on bail in FIR No.74/2021, Police Station Gingala, Distt. Udaipur provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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