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RAJENDRA KUMAR VERMA
Radheshyam – 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.197/2022, registered at Police Station - Balwada, District Khargone (M.P.) for offences punishable under Sections 304/34 of IPC. The applicant is in custody since 12/09/2022.
2. A s per prosecution story, on 28/02/2022 at about 05:00 PM applicant along with Ajay, Shivram and Manoj were fishing in Choral river. On some issue of fishing, an altercation took place between present applicant, Manoj and deceased Shivram. Manoj assaulted the shivram by wooden stick, due to which he fell down in the river and died. Accordingly, offence has been registered. 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. Investigation is over and charge sheet has been filed. Present applicant has not caused any injury to the deceased and the main allegation is against the co-accused Manoj. Applicant is the sole bread earner of his family.
Grant of bail based on lack of legal evidence connecting the applicant to the offence and the specific circumstances of the case.
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'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....
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, absence of criminal antecedents, and the prolonged trial process.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established is that bail can be granted based on the lack of legal evidence and 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....
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