Back
VINIT KUMAR MATHUR
Shankar Lal – Appellant
Versus
State – Respondent
JUDGMENT
Vinit Kumar Mathur, J. - The present third bail application has been filed under Section 439 of Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.10/2018, Police Station Phalsia, District Udaipur for the offences under Section 370(4) of IPC and Section 6/17 of Protection of Children From Sexual Offence Act, 2012.
2. Heard learned counsel for the parties. Perused the material available on record.
3. Learned counsel for the petitioner submits that the case of the present petitioner is not distinguishable from the co-accused Vijaypal who has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 20.11.2021 and rather stands on better footing to the case of Sanjay Kumar who has been enlarged on bail. He, therefore, prays that the petitioner may be enlarged on bail.
4. The learned Public Prosecutor opposes the bail application but he is unable to distinguish the case of the present petitioner vis-a-vis the case of the co-accused persons who have been enlarged on bail.
5. Having regard to the peculiar facts and circumstances of the case and the fact that case of the petitioner is identical to the co-accused who have been enlarge
The principle of parity in bail applications mandates that similarly situated accused should be treated equally unless there are significant differences in their cases.
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 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.
The court's decision to grant bail was influenced by the peculiar facts and circumstances of the case, as well as the present situation of the country due to the pandemic of corona virus (COVID-19).
The decision to grant bail was based on the similarity of the petitioner's case to that of the co-accused who had already been released on bail by the co-ordinate Bench of the Court.
The decision highlighted the principle of granting bail based on the similarity of the case with a co-accused who had been enlarged on bail, and the importance of considering the facts and circumstan....
A defendant may be granted bail if the allegations do not directly implicate them in the commission of a serious crime, particularly when they are merely an accomplice to the principal accused.
The court has the discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
The court's decision to grant bail to the accused-petitioners was influenced by the circumstances of the case, including the rejection of the first bail applications, the filing of the charge-sheet, ....
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
