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ANAND PATHAK
Vikram @ Vikky @ Vikas Dahaiya – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. details of the applicant's arrest and charges. (Para 1) |
| 2. arguments presented for granting bail. (Para 2 , 3 , 4) |
| 3. judicial considerations and bail conditions. (Para 5 , 6 , 7 , 8) |
| 4. order for compliance and monitoring. (Para 10) |
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 20.01.2014 to 10.04.2015 & from 08.02.2022 till date, by Police Station- Bhander District Datia, in connection with Crime No.14/2014 for the offence punishable under Sections 392 , 397 of IPC and Section 11 /13 of MPDVPK ACT .
2. It is the submission of learned counsel for the applicant that it is a case of bail jump and so far now applicant suffered 15 months of incarcertion. Earlier he was arrested on 20.01.2014 and remained in confinement since 10.04.2015 and now he is arrested on 08.02.2022 and suffering confinement yet.
3. 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 embarrassment or harassment to the complainant. Applicant intends to perform some community service to purge himself out of the guilt felt
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 applied the principle of promoting community service and environmental protection as a means to reform the accused and address the root cause of the offense, as echoed in the order of Sunit....
Granting bail on stringent conditions to prevent delay in trial and ensure the applicant's accountability.
The central legal point established in the judgment is the granting of anticipatory bail based on the lack of incriminating material and potential interference in the applicant's personal liberty.
The court has the discretion to grant bail under Section 439 Cr.P.C, considering the circumstances of the case and imposing necessary conditions to ensure the presence of the applicant during trial.
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