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2019 Supreme(SC) 1323

D.Y.CHANDRACHUD, HRISHIKESH ROY
Mahipal – Appellant
Versus
Rajesh Kumar @ Polia – Respondent


Advocates Appeared:
For the Petitioner(s):Karan Bharihoke, Siddhant Sharma, Advocates
For the Respondent(s):Manish Singhvi, Shailja Nanda Mishra, Arpit Parkash, Sandeep Kumar Jha, Sarad Kumar Singhania, Pankaj Singhal, Rashmi Singhania, Milind Kumar, Advocates

JUDGMENT :

Dr. Dhananjaya Y. Chandrachud, J

1. Leave granted.

2. This batch of appeals arises from a judgment of a learned Single Judge of the High Court of Rajasthan at its Jaipur Bench dated 10 May 2019. Allowing the bail application filed under Section 439 of the Code of Criminal Procedure 1973 [CrPC], the High Court enlarged the first respondent on bail subject to certain conditions therein. The original complainant is in appeal before this Court.

3. By similar orders, the learned Single Judge granted bail to the other four accused – Anil Kumar, Ajay Kumar, Vikas Kumar and Vijay Kumar. The appeals filed by the appellant against those orders have been tagged with the present appeal. Since the facts in all these matters and the questions involved are similar, they have been heard together and are being disposed of by this common judgment. For the sake of convenience, the facts in SLP (Crl.) No. 6339 of 2019 are discussed.

4. A First Information Report [FIR No. 347/2018] was lodged by the appellant on 3 December 2018 stating that his now deceased nephew – Akhilesh had visited town on leave for a month for his marriage. It was stated that at about 7.00 pm on 2 December 2018, the decease


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