Kishore vs State of Rajasthan - 2023 Supreme(Raj) 1861

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1861

CHANDRA KUMAR SONGARA
Kishore – Appellant
Versus
State of Rajasthan – Respondent

Advocate Appeared:
For the Petitioner:Mr. Abdul Kalam Khan and Mr. Mahesh Chand Meena, Advocates
For the Respondent: Mr. Yashwant Kankhadia, Public Prosecutor

Table of Content
1. application for cancellation of bail (Para 1)
2. arguments for cancelling bail based on alleged involvement (Para 2 , 3)
3. court's evaluation of bail decision and scrutiny of evidence (Para 4 , 5 , 6 , 7 , 8)
4. dismissal of bail cancellation application (Para 9)

ORDER :

Chandra Kumar Songara, J.

Instant application has been preferred under Section 439 (2) of Code of Criminal Procedure, 1973 seeking cancellation of bail granted to the accused-respondent Nos.2 and 3, namely Devi Shankar and Kuldeep, under Section 438 of Cr.P.C. by this Court in S.B. Criminal Miscellaneous Bail Application No.17253/2022 vide its impugned order dated 29.11.2022, in F.I.R. No.101/2022 registered at Police Station Mantown District Sawai Madhopur for offences punishable under Sections 143 , 323, 341, 307, 302 and 120-B of INDIAN PENAL CODE .

2. It is submitted by learned counsel appearing for petitioner (father of the deceased) that while granting anticipatory bail to the accused-respondents, the informant/complainant had no objection, as the matter was amicably settled between the parties. It is further submitted that in the statement recorded before Investigating Officer under Section 161

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