The court established that in bail applications, the intent and circumstances surrounding the alleged crime are critical factors in determining whether to grant bail.

Headnote:
BAIL - MURDER - The court granted bail to the petitioner accused of murder under Section 302 IPC, emphasizing the lack of intent to kill as argued by the defense. The court considered the circumstances surrounding the incident, including the deceased's intoxication and the nature of the quarrel, ultimately deciding that the petitioner should be released on bail pending trial.
Fact of the Case:

The petitioner was arrested for allegedly murdering his brother-in-law, as per FIR No.120/2021. The defense argued that the allegations were false and that the deceased was intoxicated and had initiated a quarrel, leading to his injuries and subsequent death.
Finding of the Court:

The court, after reviewing the arguments and evidence, found it appropriate to grant bail without commenting on the merits of the case, indicating that the totality of circumstances warranted such a decision.
Issues: Whether the petitioner should be granted bail under Section 439 Cr.P.C. given the circumstances of the case and the nature of the allegations against him.
Ratio Decidendi: The court's decision to grant bail was influenced by the lack of clear intent to kill, the circumstances of the quarrel, and the intoxication of the deceased, which suggested that the case may not be as straightforward as alleged.
Result: The bail application was allowed, and the petitioner was directed to be released on bail upon executing a personal bond and providing sureties.

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 directed that petitioner Anil Kumar S/o Shri Talsa Ram shall be released on bail in connection with FIR No.120/2021 of Police Station Kotwali, Sirohi provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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