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VISHAL MISHRA
Vipin Parmar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
VISHAL MISHRA, J.
1. Heard learned counsel for the parties.
2. At the very outset, learned counsel for the applicants prays for withdrawal of the present (1st) bail application on behalf of applicant No. 1/Vipin Kumar as he is having criminal history of five case has pointed out by the State counsel.
3. Prayer is allowed.
4. Accordingly, present bail application is dismissed as withdrawn with respect to applicant No. 1-Vipin Kumar.
5. The applicants has filed this first application under Section 439 of the Cr.P.C. for grant of bail. The applicant has been arrested by Police Station Civil Lines, District Morena in connection with Crime No. 279/2021 registered in relation to the offence punishable under Sections 34(2) and 47-A of M.P. Excise Act.
6. It is submitted by the counsel for the applicant that he has been falsely implicated in the case. He has not committed the offence in any manner. It is alleged by the counsel for the applicant that as per prosecution case, 181.44 bulk litres of illicit wine/liquor has been seized from the joint possession of the applicant No. 2. He is in custody since 14.05.2021. Counsel for the applicant prays for grant of bail to the applicant. He h
Search and Seizer of illicit wine/liquor - Grant of bail - Having no criminal history.
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The criminal past should not be the sole ground for rejection of a bail application.
Granting bail based on absence of recovery and first offender status, subject to specified conditions.
The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
Prolonged pre-trial detention is against the concept of liberty and can be a basis for granting bail.
The court may grant bail under Section 439 of the Criminal Procedure Code, 1973, considering prolonged custody and the likelihood of delay in the conclusion of the trial, imposing stringent condition....
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