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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Gurpal Singh Ahluwalia, J.
Vatayee @ Pawan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 57236 of 2022
Decided On : 05-12-2022
Bail - Criminal Law - The court dismissed the bail application under Section 439 of Cr.P.C. due to the victim not being examined, granting the applicant liberty to revive the prayer after examination of the victim.
Fact of the Case:
The applicant filed a fourth bail application under Section 439 of Cr.P.C. after being arrested for offences under Sections 324, 454, 380, 394 of IPC and 11/13 MPDVPK Act.
Finding of the Court:
The court dismissed the bail application as withdrawn, granting the applicant liberty to revive the prayer after examination of the victim.
Issues: The main issue was the dismissal of the bail application due to the victim not being examined.
Ratio Decidendi: The court's decision was influenced by the fact that the victim had not been examined despite the liberty granted in the previous order.
Final Decision: The bail application was dismissed as withdrawn, with the applicant granted liberty to revive the prayer after examination of the victim.
JUDGMENT
Gurpal Singh Ahluwalia, J. - This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail. Third application was dismissed as withdrawn by order dated 22.07.2022 passed in MCRC No.35796/2022.
2. The applicant has been arrested on 09.02.2022 in connection with Crime No.31/2022 registered at Police Station Bilauva for offence under Sections 324, 454, 380, 394 of IPC and 11/13 MPDVPK Act.
3. The second bail application was dismissed by order dated 11.05.2022 passed in MCRC No.23613/2022 with liberty to revive the prayer after the examination of the complainant/victim. It is fairly conceded that the victim has not been examined so far.
4. Accordingly, counsel for the applicant seeks permission of this Court to withdraw this application with liberty to revive the prayer after examination of the victim.
5. With aforesaid liberty, the application is dismissed as withdrawn.
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The main legal point established in the judgment is the consideration of substantive evidence, the likelihood of a lengthy trial, and the absence of a possibility of absconding or tampering with the ....
The court considered the nature of allegations, period of detention, and the applicant's willingness to abide by stringent conditions in granting bail.
The court granted bail based on the nature of allegations, period of detention, and the arrest of the main accused, in line with the judgment passed by the Supreme Court in a similar case.
The court may grant bail considering the period of detention and the likelihood of a lengthy trial, without commenting on the merits of the case.
At the stage of bail, the court cannot appreciate the evidence led before the Trial Court, and previous dismissals of criminal appeals on merits may impact the consideration of a current appeal.
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
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