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RAJENDRA KUMAR VERMA
Dharu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajendra Kumar (Verma), J. - This is the first application under Section 439 of Cr.P.C. filed by the applicant for grant of bail. The applicant has been implicated in connection with Crime No.123/2022, registered at Police Station - Industrial Area, Jaora, District Ratlam (M.P.) for offences punishable under Sections 457 and 380 of IPC. The applicant is in custody since 03/11/2022.
2. As per prosecution story, the allegation against the applicant is that he is involved in the offence wherein some unknown persons have broken the lock of complainant's house and stolen golden and silver ornaments including some cash amount. Accordingly, offence has been registered and after investigation present applicant has been implicated in the offence.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Except some cash amount nothing has been recovered from the possession of the present applicant. Offence is exclusively triable by Judicial Magistrate First Class. Investigation is over and charge sheet has been filed.
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the duration of custody and the applicant's role as the sole bread earner of his family.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
Grant of bail based on lack of legal evidence connecting the applicant to the offence and the specific circumstances of the case.
The court's decision to grant bail was influenced by the absence of criminal antecedents against the applicant, the lack of recovery and allegations against the applicant for causing injury to the in....
Grant of bail based on lack of legal evidence, absence of criminal antecedents, and the prolonged trial process.
The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
The court has the discretion to grant bail based on the circumstances of the case and the arguments presented, without commenting on the merits of the case.
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
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