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DEEPAK KUMAR AGARWAL
Halke Jatav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. The applicant was arrested on 23.11.2022 in connection with Crime No.466/2022 by Police Station- Kolaras District- Shivpuri (MP) for the offence punishable under Sections 379 of IPC and 4(1), 21(1) Mines and Minerals Act, 1957 was registered.
3. I n brief, the prosecution case is that present applicant accused Halke Jatav was found illegally mining of sand. From his possession tractor trolley filled with sand was seized for which he was having no licence and also no royalty was paid for the said material.
4. Learned Advocate for the applicant submitted that applicant has been falsely implicated in the case. After investigation charge-sheet has been submitted. Under these circumstances, he prays for grant of bail to the applicant.
5. Learned Public Prosecutor for the State opposed the bail application and prayed for its rejection.
6. Looking to the aforesaid facts and circumstances of the case, coupled with the fact that applicant is in custody since 23.11.2022 and conclusion of trial will take some time, without commenting upon the merits of the case, this Court i
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.
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.
Granting bail based on completion of investigation and filing of chargesheet, along with consideration of the circumstances of the case.
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 and imposing conditions for release.
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 requirement for the applicant to be present during trial are crucial factors in considering a bail application.
The court has the discretion to grant bail based on the facts and circumstances of the case, ensuring the accused's presence during the trial.
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