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RAJENDRA KUMAR VERMA
Ashish – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajendra Kumar (Verma), J. - This is the first application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, for grant of bail during trial. The applicant is facing trial in connection with Crime No.26/2021 registered at Police Station Dhamnod, District Dhar for offence under Section 34(2) of M.P. Excise Act, 1915. Applicant is in jail since 12/12/2022.
2. A s per the prosecution story, on 14/01/2021 on the basis of discrete information police intercepted a vehicle bearing registration number MP-20-CC-2816 and recovered 171 bulk liters liquor which was being transported illegally and unauthorizedly. The driver of the vehicle ran away from the spot. During investigation, present applicant who is the owner of the offending vehicle has been arrested. Accordingly, an offence has been registered.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. Investigation is over and charge-sheet has been filed. He is only the owner of the vehicle from which the liquor was seized. Applicant has no criminal antecedent. Applicant is also suffering from sever liver diseases and his hand is als
The court has the discretion to grant bail based on the facts and circumstances of the case, and the applicant's compliance with specific conditions.
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 during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
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 central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to 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....
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the amount of liquor seized and the period of custody already undergone by the applicant, without commenting on the merits of the case.
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