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GURPAL SINGH AHLUWALIA
Prahlad Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Gurpal Singh ahluwalia, J. - Case diary is available.
This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicant was dismissed as withdrawn by order dated 06/04/2022 passed in MCRC No.16096/2022.
The applicant has been arrested on 11/03/2022 in connection with Crime No.99/2022 registered at Police Station Dehat Basoda, Disttrict Vidisha for offence under Sections 323, 307, 294, 506 and 34 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, on 10/03/2022 some dispute had taken place between injured ajay and Preetam. at about 6:30 pm he was in his house and injured ajay standing outside of the house. It is alleged that on the said issue Saurabh, Preetam and the applicant came on the spot. Saurabh was having an iron rod, whereas Preetam was having Farsa and the applicant was having a Lathi and they started abusing the injured ajay. It is alleged that Saurabh assaulted the injured on his head by the iron rod, as a result, he sustained injuries. It is submitted by the counsel for the applicant that even according to the prosecution case, no assault was made by the
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
The court considered the nature of allegations, period of detention, and the applicant's willingness to abide by stringent conditions in granting bail.
The court considered the nature of specific allegations and the supporting evidence in the MLC in granting bail to the applicant.
The decision to grant bail was influenced by the absence of a fracture in the victim's leg and the lack of criminal history for the applicant, indicating a lower risk of absconding or tampering with ....
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
Prolonged pre-trial detention is an anathema to the concept of liberty, and bail can be granted based on the overall facts and circumstances of the case.
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