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High Court of Madhya Pradesh
Vishal Dhagat, J.
GAUTAM s/o JAGDISH TILORE – APPELLANT
Versus
STATE OF MADHYA PRADESH – RESPONDENT
M. Cr. C. No. 48326 of 2022
Decided On : 09-11-2022
Bail Application - Criminal Procedure Code - The court allowed the bail application of the applicant, who was in jail for an offence punishable under section 379 of the Indian Penal Code, considering that custodial interrogation was over and the applicant would mark his presence at the police station every month. The bail was granted on the condition of furnishing a personal bond and surety, along with abiding by the conditions in section 437(3) of the Criminal Procedure Code.
Fact of the Case:
The applicant filed a bail application under section 439 of the Criminal Procedure Code, stating that custodial interrogation was over and he was no longer required for it.
Finding of the Court:
The court allowed the bail application, considering the nature of the offence, and granted bail on the condition of marking presence at the police station every month and furnishing a personal bond and surety.
Issues: Bail application under section 439 of the Criminal Procedure Code, opposition by the State based on the applicant's criminal antecedent and previous criminal case.
Ratio Decidendi: The court considered the nature of the offence, the completion of custodial interrogation, and imposed conditions for bail based on the provisions of the Criminal Procedure Code.
Final Decision: The bail application was allowed, and the applicant was directed to be released on bail upon fulfilling the specified conditions.
ORDER : – This is first bail application filed under section 439 of Criminal Procedure Code on behalf of applicant, who is in jail since 1-9-2022 in connection with Crime No. 242/2022, registered at Police Station Budhani, District Sehore (M. P.) for the offence punishable under section 379 of Indian Penal Code.
2. Learned counsel for the applicant submitted that offence is triable by Judicial Magistrate First Class. Custodial interrogation of the applicant is over. He is no longer required for custodial interrogation. In these circumstances, the applicant may be released on bail.
3. Learned Government Advocate appearing for the State has opposed the application and submitted that applicant is having criminal antecedent and earlier one more criminal case registered against him, therefore, the application may be dismissed.
4. Heard counsel for the parties.
5. Considering the nature of the offence and its gravity, bail application filed by applicant is allowed on condition that he will mark his presence on 1st of every month before concerned police station. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court.
6. In addition to aforesaid condition, the applicant shall abide by the conditions enumerated in section 437(3) of Criminal Procedure Code.
Certified copy as per rules.
The court applied the provisions of the Criminal Procedure Code to grant bail, considering the nature of the offence and imposing specific conditions for the applicant's release.
The court considered the filing of the charge-sheet and the triability of the offence by a First Class Magistrate in allowing the bail application.
The court may grant bail based on considerations such as the nature of the allegation, length of custody, filing of charge sheet, and the offense being triable by Magistrate.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose conditions for compliance by the ap....
The court considered the period of incarceration, the quantum of money involved, and the lack of previous antecedents against the applicant in granting bail.
The court reaffirmed that the grant of bail under Section 439 Cr.P.C. can be justified based on the nature of the offence, the status of investigations, and the anticipated duration of the trial.
The court established that prolonged custody and the nature of the offences can be sufficient grounds for granting bail under Section 439 Cr.P.C.
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
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