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ANAND PATHAK
Lalit S/o Rajbahadur Singh Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. The applicant has filed this third bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 28.04.2022 by Police Station- Basoda, District- Vidisha (M.P.) in connection with Crime No.34/2021, for the offence punishable under Sections 294, 323, 327, 324, 427, 506, 329, 34 of IPC.
2. It is the submission of learned counsel for the applicant that false case has been registered against the applicant and he is suffering confinement since 28.04.2022 whereas charge-sheet has already been filed. His source of implication, prima facie, is memo under Section 27 of Evidence Act of co-accused Vicky. No test identification parade has been conducted to verify the identity. Because of his criminal record, he suffered such period of incarceration, but now he learnt the lesson hard way and would mend his ways and would become a better citizen by not involving in any criminal activity in future, therefore a chance may be given to the applicant for course correction. Confinement amounts to pretrial detention. Applicant undertakes to cooperate in trial as well as investigation and would make himself available as and when required. He would not be a source of embarras
The court considered the possibility of course correction and the spirit of community service in granting bail to the applicant.
Granting bail based on the nature of the allegation and the spirit of community service.
The court considered the spirit of community service and the applicant's age in granting bail, subject to strict conditions to ensure compliance and future conduct.
Granting bail based on the reduced chance of tampering with evidence due to the examination of material prosecution witnesses and the period of custody.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
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