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DEEPAK KUMAR AGARWAL
Sanju Rajak – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is second bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. Applicant has been arrested by Police Station Shadora, District Ashoknagar in connection with Crime No.288/2021 for the offence punishable under Section 392 of IPC.
3. This is the case of bail jump where initially bail was granted to the applicant by the coordinate Bench of this Court vide order dated 31.03.2022 passed in M.Cr.C. No. 15755/2022, but applicant remained absent on 09.09.2022 as a result of which, his bail bonds were cancelled and arrest warrant was issued. Thereafter, he was arrested on 09.09.2022. Since then applicant is in custody.
4. Learned counsel for the State opposed the application and prayed for its rejection.
5. Both the Advocates are heard. Case diary is perused.
6. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs.25,000/- alongwith bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety
The court has the discretion to grant bail under Section 439 Cr.P.C, considering the circumstances of the case and imposing necessary conditions to ensure the presence of the applicant during trial.
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 based on the facts and circumstances of the case, without commenting on the merits of the case.
The completion of investigation, filing of charge-sheet, and the requirement for the applicant to be present during trial are crucial factors in considering a bail application.
The court may grant bail based on the period of custody and without commenting on the merits of the case.
The court may grant bail considering the circumstances and length of custody without commenting on the merits of the case.
The completion of investigation, filing of charge-sheet, and the undertaking of the applicant to cooperate in the trial are key factors in considering a bail application.
The court emphasized the importance of the applicant's cooperation in the trial when granting bail.
The completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
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