Back
MANOJ KUMAR GARG
Kamlesh – Appellant
Versus
State of Rajasthan – Respondent
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 i
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.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances, without expressing any opinion on the merits of the case.
The court's decision to grant bail was based on the totality of the facts and circumstances of the case, including the similarity to co-accused and the hostile nature of the eyewitnesses.
The court established that bail can be granted under Section 439 Cr.P.C. when circumstances such as compromise between parties and prolonged judicial custody are present, without delving into the mer....
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.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
Granting bail based on the release of similarly situated co-accused and the lengthy trial process, without expressing any opinion on the merits of the case.
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
