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ANAND PATHAK
Phool Singh Gurjar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 05.09.2022 by Police Station- Hajira, District- Gwalior (M.P.) in connection with Crime No. 424/2022, for the offence punishable under Sections 379, 411, 413 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 05.09.2022 whereas charge-sheet has already been filed. Applicant is primarily accused of offence under Sections 411 & 413 of IPC. Source of implication of applicant is primarily memo under Section 27 of Evidence Act of co-accused. One motorcycle has been seized from his possession, 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 and is ready to face stringent conditions imposed by this Court. He would not be
Granting bail based on the nature of the allegation and the spirit of community service.
The court considered the possibility of course correction and the spirit of community service in granting bail to the applicant.
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 has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
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