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ROHIT ARYA
Kamal Prajapati – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. applicant's alleged illegal possession of liquor. (Para 1 , 2) |
| 2. arguments for and against bail application. (Para 3 , 4) |
| 3. court's reasoning for granting bail. (Para 5) |
| 4. conditions for granting bail. (Para 6) |
| 5. communication of court's order. (Para 7) |
JUDGMENT
Rohit Arya, J. - This is first bail application under Section 439 Cr.P.C. filed on behalf of the applicant. The applicant is in custody since 13.12.2022 in connection with Crime No.P-8/318/2022 registered at P.S. Excise Circle Chanchoda, District Guna (M.P.) for the offence punishable under Sections 34(1) and 34(2) of EXCISE ACT .
2. As per prosecution story, present applicant was found in unauthorized and illegal possession of 55 bulk litres of illicit liquor. Accordingly, case has been registered against the applicant.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the offence. Applicant has suffered jail incarceration since 13.12.2022. Due to his jail incarceration, his family is in penury and on the verge of starvation. Moreso, trial is not likely to be concluded early in the near future. Under such circumstances, the prayer for grant of bail
Prolonged custody and likelihood of trial delay can be grounds for granting bail, with the imposition of stringent conditions to ensure compliance.
Prolonged custody and likelihood of trial delay can be grounds for granting bail, with stringent conditions to ensure compliance.
The court's decision to grant bail was influenced by the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
The court's decision to grant bail was based on the nature of allegations and evidence against the applicant, without commenting on the merits of the matter.
The absence of the applicant's name in the FIR or memo of co-accused persons, lack of criminal antecedents, his age, and the potential delay in trial due to the Covid-19 pandemic were considered as g....
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
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