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2014 Supreme(MP) 1146
MADHYA PRADESH HIGH COURT AT JABALBUR BENCH
Subhash Kakade, J.
Rajesh Kumar Singh - Appellant
Versus
S.S. Goyal - Respondent
M.Cr.C. No. 10478-2014
Decided On : 28-07-2014
For the Petitioner:Shri Pandey, Advocate.
For the Respondent:Advocate.
The court's decision to grant bail was based on the consideration of the nature of the allegation, the applicant's family situation, and the overall facts and circumstances of the case.
Headnote:
Bail Application - Section 439 of the Cr.P.C. - The court granted bail to the applicant, considering the nature of the allegation, the applicant's family situation, and the overall facts and circumstances of the case.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Cr.P.C. for a case registered under Section 138 of IPC. The applicant had been in custody since 27.06.2014.
Finding of the Court:
The court found it to be a fit case to release the applicant on bail, considering the nature of the allegation, the applicant's family situation, and the overall facts and circumstances of the case.
Issues: The primary issue was whether the applicant should be granted bail under Section 439 of the Cr.P.C.
Ratio Decidendi: The court considered the nature of the allegation, the applicant's family situation, and the overall facts and circumstances of the case in granting bail.
Final Decision: The application for bail was allowed, and the applicant was directed to be released on bail upon furnishing a personal bond and surety to the satisfaction of the committal Court/trial Court.
1.Heard on admission.
Admit.
The case is heard finally.
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. The applicant is in custody since 27.06.2014 in connection with Criminal Case No. 27624 of 2006 registered by Judicial Magistrate First Class, Jabalpur for the offence punishable under Section 138 of IPC.
2. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is further submitted by learned counsel for the applicant that the applicant is earning member of his family and remains in jail for a long time his family members will be hand to mouth. The applicant is in custody since 27.06.2014 and trial would take considerable time to conclude, therefore, he may be released on bail.
3. On due consideration of the contentions raised in the application, nature of allegation against the applicant, and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, the application is allowed and it is directed that the applicant Rajesh Kumar Singh shall be released on bail on his furnishing a personal bond in a sum of Rs. 20,000/- (Twenty Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
