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ANIL VERMA
Jafar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicants for grant of bail. The applicants are in custody since 16.11.2022 in connection with Crime No.742/2022 registered at Police Station Dhamnod, District Dhar (M.P.) for commission of offence punishable under sections 420, 406 and 120(B) of the Indian Penal Code of 1860.
2. As per prosecution story, present applicant introduced co-accused to complainant Poonamchand. Thereafter co-accused purchased one truck bearing registration No. MH-18-AA-8099 in the year 2019. As per the terms of the agreement, co-accused Rajesh did not pay the installment of truck to the concerned bank. Thereafter complainant lodged an FIR at P.S. Dhamnod, district Dhar. Accordingly, offence has been registered.
3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in this offence. They are in custody since 16.11.2022. Applicant Irfan's name has not mentioned in the FIR. Both the applicants are not purchaser of the said truck, even they are not attesting witnesses and they did not give any money to the comp
The court may grant bail based on the lack of criminal antecedent, the period of custody, and the ground of parity with co-accused, considering the possibility of delay in the conclusion of the trial....
The court considered the nature and gravity of the offence, the delay in FIR, and the time spent by the applicant in jail in granting bail.
The main legal point established in the judgment is that the decision to grant bail was based on the lack of evidence connecting the accused to the alleged offence, non-identification by the victim d....
Bail is a right and should be granted unless there are compelling reasons to deny it, with the primary purpose of detention being to secure the accused's attendance at trial.
Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure attendance, not punishment.
Granting bail based on the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
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