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ANAND PATHAK
Vivek Lodhi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. The applicant has filed this sixth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 18-04-2021 by Police Station Kampoo, District Gwalior in connection with Crime No.234/2021 registered for offence punishable under Sections 354 and 376 of IPC.
2. It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 18-04- 2021 whereas material prosecution witnesses have been examined, therefore, chance of tampering with the witnesses/evidence is remote. It is further submitted that looking to the period of custody and the fact that he learnt the lesson hard way and would mend his ways and would become better citizen by not involving in criminal activities in future, his case be considered for bail.
3. He shall abide by each and every conditions as imposed by this Court. Thus, prayed for grant of bail.
4. Counsel for the State opposed the prayer and prayed for dismissal of bail application.
5. Heard learned counsel for the parties at length and considered the arguments advanced by th6. em.
6.Considering the submissions specially the fact that applicant already suffered al
Granting bail based on the reduced chance of tampering with evidence due to the examination of material prosecution witnesses and the period of custody.
The court considered the possibility of course correction and the spirit of community service in granting bail to the applicant.
Granting bail based on the nature of the allegation and the spirit of community service.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
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.
The absence of a criminal record and lack of commentary on the merits of the case can be considered in granting bail.
The court may grant bail based on the period of custody and without commenting on the merits of the case, subject to specified conditions.
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