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SUNITA YADAV
Raju Soni – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sunita Yadav, J. - The applicant has filed this first application u/S.439 of Cr.P.C. for grant of bail.
2. The applicant has been arrested on 04/11/2022 by Police Station Kotwali, District Vidisha(M.P.) in connection with Crime No.602/2022 registered for the offence punishable under Sections 49-A of Excise Act.
3. The allegation against the present applicant is that he was found under possession of 05 liters of country made liquor found to be unfit for human consumption, for which he was not having any valid licence.
4. Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. The applicant is in jail since 04.11.2022. After conclusion of investigation, charge-sheet has already been filed and there is no requirement of further custodial interrogation of the applicant. The offence is triable by JMFC. The applicant is permanent resident of Pan Bagh, District Vidisha (M.P.) and there is no possibility of his absconsion. On these grounds, he prays for grant of bail to the applicant.
5. Per contra, application is opposed by learned counsel for the State and prayed for its rejection.
6. Heard learned counsel for the rival parties and peru
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, and may impose specific conditions for the release of the applicant.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
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 court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
The court considered the absence of the FSL report, lack of criminal history, and the likelihood of a lengthy trial in granting bail to the applicant.
The court has the discretion to grant bail, considering the circumstances of the case and the likelihood of the applicant's cooperation during the trial period.
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