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RAJENDRA KUMAR VERMA
Shivraj – 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.425/2022 registered at Police Station Rajgarh, District Rajgarh for offence under Section 34(2) of M.P. Excise Act, 1915. Applicant is in jail since 12.12.2022.
2. As per the prosecution story, on 24.06.2022, on the basis of source information police recovered 60 bulk liters of country made liquor from the possession of the applicant. On the basis of which police registered the aforesaid crime.
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. The applicant is in custody since 12.12.2022 and he has no criminal antecedent. Conclusion of trial will take sufficient long time. Under these circumstances, prayer was made for grant of bail to the applicant.
4. Learned Government Advocate opposed the application and prayed for its rejection.
5. I have heard the learned counsel for the parties and perused the record.
6. Looking to the
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 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 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....
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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