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VIJAY BISHNOI
Anil Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in FIR No.120/2021 of Police Station Kotwali, Sirohi for the offence punishable under Section 302 I.P.C. He has preferred this bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioner has submitted that allegation levelled against the petitioner of committing murder of his brother-in-law is false. It is argued from the statements of wife of the deceased Ritu, it is clear that the deceased was in drunken condition and had quarreled with the petitioner. He received some injuries and on account of that, he died. Learned counsel for the petitioner submits that the petitioner had no intention to kill the deceased.
4. Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
5. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is di
The court established that in bail applications, the intent and circumstances surrounding the alleged crime are critical factors in determining whether to grant bail.
Bail can be granted under Section 439 Cr.P.C. when the nature of the injuries and circumstances of the case suggest that the allegations may not support the severity of the charges.
The court established that bail can be granted under Section 439 Cr.P.C. when the nature of allegations does not substantiate the charges, especially in cases involving personal disputes.
The court considered the circumstances and the relationship between the applicant and the deceased in granting bail, without commenting on the merits of the case.
Grant of bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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