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DEEPAK KUMAR AGARWAL
Annu @ Adity Sen – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is second repeat bail application u/S.439 Cr.P.C filed by the applicant for grant of bail. His first bail application was dismissed as withdrawn by this Court by order dated 02.06.2022 passed in M.Cr.C. No.24863/2022.
2. Applicant has been arrested on 14.03.2022 by police Station,-Jhansi Road, Distt. Gwalior, in connection with crime No.533/2021 for the offence punishable under Sections 34(2) of the Madhya Pradesh Excise Act.
3. As per prosecution story, from the joint possession of applicant and other co-accused, 1208 liters illicit liquor has been seized. Thereafter, applicant has been arrested on 14.03.2022.
4. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He is in custody since 14.03.2022. He undertakes to cooperate in investigation/trial. After investigation, charge-sheet has been filed and therefore, further custodial interrogation of the applicant is not required. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
5. Learned counsel for the State opposed the application and prayed for its rejection.
6. Heard learned counsel for b
The court emphasized the importance of the applicant's cooperation in the trial when granting bail.
Granting bail under Section 439 Cr.P.C and imposing conditions for release.
The court may grant bail considering the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
Grant of bail under Section 439 Cr.P.C in connection with the offence under the M.P. Excise Act based on the facts and circumstances of the case.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified 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....
Granting bail under Section 439 Cr.P.C based on the facts and circumstances of the case and the willingness of the applicant to cooperate in trial.
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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