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ROHIT ARYA
Somvati Kanjar – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. bail application details and allegations. (Para 1 , 2) |
| 2. arguments for and against bail application. (Para 3 , 4) |
| 3. court's rationale for granting bail. (Para 5) |
| 4. conditions for granting bail articulated. (Para 6) |
| 5. administrative directives regarding the 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 14.12.2022 in connection with Crime No.314/2022 registered at P.S. Bhander, District Datia (M.P.) for the offence punishable under Section 34(2) of EXCISE ACT .
2. As per prosecution story, present applicant was found in unauthorized and illegal possession of 60 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 14.12.2022. 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 may be con
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 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 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 completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
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....
The court considered the delay in lodging the FIR, the nature of the relationship between the applicant and the prosecutrix, and the absence of criminal antecedents of the applicant in granting bail ....
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