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VIVEK AGARWAL
Raju Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This is second bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant, who is in custody since 15.11.2021 in connection with Crime No.226/2021 registered at Police Station Belkhera, District Jabalpur for the offence punishable under Sections 452, 324, 506/34, 307 of IPC and 25/27 of Arms Act.
2. First bail application i.e. M.Cr.C. No.4181/2022 was dismissed as withdrawn vide order dated 08.02.2022 with liberty to renew prayer after victims are examined in the Court of law.
3. It is submitted that Shankar Singh was examined before the Court of law on 13.06.2022. His statements do not corroborate with the injuries narrated by him. There is no gun shot injury. There are only two lacerated wounds. On X- ray report injuries were found to be simple in nature.
4. In para 7 of his cross-examination, he has admitted that police had earlier lodged FIR under Sections 452, 324, 506/34 of IPC. Though he mentioned that the bullet which was fired from the firearm is still embedded in his body but X- ray report is contrary to this fact. Injuries sustained are simple in nature. It is further submitted that in para-3 of his cross-examinati
The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioners under Section 439 Cr.P.C.
The court has the discretion to grant bail based on the totality of the facts and circumstances, without expressing an opinion on the merits of the case.
The court considered the nature of specific allegations and the supporting evidence in the MLC in granting bail to the applicant.
The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.
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.
Prolonged detention of an undertrial prisoner without trial violates rights under Article 21 of the Constitution, warranting bail.
The court considered the nature of allegations, period of detention, and the applicant's willingness to abide by stringent conditions in granting bail.
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