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ANIL VERMA
Sahil Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. factual basis for bail application. (Para 1) |
| 2. arguments for and against bail. (Para 2 , 3) |
| 3. court's observations and reasoning. (Para 4) |
| 4. basis for granting bail. (Para 5) |
| 5. final decision and conditions. (Para 6 , 7) |
JUDGMENT
1. Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 315/2022 registered at P.S - Panwasa, Ujjain , District- Ujjain (M.P.) for commission of offence punishable under Sections 341 ,307,353,324,294/34 of IPC As per prosecution story, On 20/08/2022, The complainant Aftab with his' friend' Vijay has gone to see the matki program on the festival of Janmashtmi, where accused persons had also come .
2. The complainant had some arguments with the accused persons due to earlier dispute. At around 1:00 am at night when the complainant and his friend vijay is returning to home, The accused - persons arrived and blocked their way and started abusing the co accused Vilan and. Vishal inflicted knife injury to the injured Vijay due to which he sustained injuries ~ on head .and. hand accused Sahil hit him with the stick. On the basis of above information 'offence has been
The court has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
A lack of prior criminal antecedents and prolonged custody can justify the granting of bail, even in serious criminal cases.
The court's decision to grant bail was based on the nature and gravity of the offense, the absence of bone injury sustained by the victim, the existence of a cross case against the complainant party,....
Bail should ensure the accused's attendance at trial, not serve as punitive action, highlighting the principle of presumption of innocence.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose conditions for compliance by the ap....
Regular bail can be granted considering the accused's custody duration, previous bail grants, and the completion of the investigation.
The court can grant bail if there is insufficient evidence to justify continued detention pending trial.
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