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RAJENDRA KUMAR VERMA
Sunil – 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.512/2022 registered at Police Station Sanyogitaganj, District Indore for offence under Section 8/21 of NDPS Act. Applicant is in jail since 18/10/2022.
2. As per the prosecution story, on 18/10/2022 police got a discrete information from the informant regarding the illegal transportation of the contraband. Act upon the said information, police party reached on the spot and intercepted the present applicant and recovered 10 Gram brown sugar from his possession. Accordingly, a case has been registered against the applicant. Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in this matter. Investigation is over and charge sheet has been filed. The seized quantity of contraband is below than the commercial quantity. Applicant is not having any criminal antecedent. The applicant is in custody since 18/10/2022 and conclusion of trial will take sufficient long time. Under these circumstances, prayer was made
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.
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 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 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 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 lack of criminal antecedents, joint possession of contraband, and the applicant's role as the breadwinner for the family in granting bail under Section 439 of the Code of Cri....
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 court may grant bail under Section 439 Cr.P.C. based on the nature of allegations, length of custody, and absence of criminal antecedents of like nature.
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