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ROHIT ARYA
Jitendra Singh Kushwah – Appellant
Versus
State of Madhya Pradesh – Respondent
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 12.12.2022 in connection with Crime No.16/2020 registered at P.S. Umri, District Bhind (M.P.) for the offence punishable under Sections 34(2) of Excise Act.
2. As per prosecution story, present applicant was found in unauthorized and illegal possession of 72 litres of illicit liquor alleged to be harmful for human consumption. 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 12.12.2022. Due to long 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 considered on such terms and conditions as this Court deems fit and proper.
4. Per contra, learned Public Prosecutor opposes the bail application supporting the order impugned.
5. Upon hearing learned counsel for the parties this Court though refrains from com
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....
Prolonged custody and the likelihood of delay in the conclusion of the trial can be grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.
The court considered the prolonged custody and the possibility of delay in trial conclusion as grounds for granting bail with stringent conditions.
The court may grant bail with stringent conditions based on the prolonged custody of the applicant and the possibility of delay in the conclusion of the trial.
The court may grant bail based on the duration of custody and the likelihood of trial delay, while imposing stringent conditions to ensure compliance.
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 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.
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