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ANAND PATHAK
Dhanpal Kewat – 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 09.05.2022, by Police Station- Indar, District-Shivpuri, in connection with Crime No.101/2022, for the offence punishable under Sections 49-A of the M.P. Excise Act.
2. It is the submission of the learned counsel for the applicant that a false case has been registered against the applicant. Only allegation is in respect of possession of 12 liters illicit liquor and charge-sheet has already been filed. If FSL report ultimately comes against the applicant then applicant is ready to surrender himself. Although it may be hazardous, but in long term, it causes cancer. Charge-sheet has also been filed. Confinement since 09.05.2022 amounts to pretrial detention.
3. Applicant does not bear any criminal record. He learnt the lesson hard way and mend his ways and would become a better citizen. He undertakes to cooperate in the investigation/trial and would make himself available as and when required. Applicant intends to perform some community service to purge themselves out of the guilt felt by the applicant and to serve national/environmental/social cause. Under the
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 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 may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
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