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GURPAL SINGH AHLUWALIA
Monu @ Mandeep Rajak – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Gurpal Singh ahluwalia, J. - Case diary is not available. It is submitted that while rejecting the previous bail application, this Court had mentioned the facts in detail, therefore, this application may be considered in the light of the facts mentioned in previous order.
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 by order dated 16/03/2022 passed in MCRC No.13126/2022.
The applicant has been arrested on 31/01/2022 in connection with Crime No.101/2020 registered at Police Station G.R.P. B.G., District Gwalior for offence under Sections 392, 412 of IPC r/w Section 11/13 of the MPDVPK act.
according to the prosecution case, the applicant had snatched an apple Pro 11 mobile worth Rs.99,999/- in a running train. although, it is alleged that the applicant had sold the said mobile for a megar consideration amount of Rs.12,000/-, but it is submitted that he is in jail from 13/01/2022 i.e. approximately 3 and half months. It is true that the applicant has a criminal history and 9 more criminal cases have been registered against him but none of the case was registered for heinous off
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.
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 main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
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 length of detention, likelihood of a lengthy trial, absence of possibility of absconding or tampering with the prosecution case, and the directive from the Supreme Court in a....
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 main legal point established in the judgment is the consideration of substantive evidence, the likelihood of a lengthy trial, and the absence of a possibility of absconding or tampering with the ....
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
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