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ANIL VERMA
Vishal Dhakkad – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. Applican has filed these first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 43/2022 registered at P.S -Manak Chowk, DistrictRatlam (M.P.) for commission of offence punishable under Sections 392, 341, 294, 427, 395, 397, 34, 120-B of IPC and sections 25 /27 of Arms Act.
2. As per prosecution story, on 01/02/2022, complainant Piyush Sharma lodged a FIR stating that on 31/01/2022 at about 2:00 pm, when he was returning from Dhar, at that time, his car was intercepted by two vehicles and he was attacked. Some unknown miscreants looted his bag containing Rs.9,00,000/- from the complainant and thereafter, they ran away from the spot. During investigation, it is found that co-accused Gajendra has supplied arms to other co-accused persons and co-accused Tarun was appointed by the co-accused person for the purpose of doing reiki.
3. On the basis of the memorandum under Section 27 of the Evidence Act, present applicant has been implicated in this offence.
4. Accordingly, offence has been registered against the applicant also. Learned counsel for the applicant contended that applicant is innocent and has been falsely implicate
The court considered the nature of the allegation, the length of time the applicant had been in custody, and the possibility of delay in the conclusion of the trial in granting bail to the applicant.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
The court may grant bail based on the nature and gravity of the allegations, the period of detention, and the bail granted to co-accused in similar circumstances.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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 has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
The principle of parity, potential trial duration, and satisfactory jail conduct are key factors in granting bail.
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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