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VISHAL MISHRA
Kamlesh Kumar Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Mishra, J. - This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 19/03/2022 by Police Station-Kotwali, Panna, District Panna (M.P.) in connection with Crime No.232/2022 for the offence punishable under Section 34 (2) of the M.P. Excise act.
It is pointed out that the applicant has been falsely implicated in the case and has not committed any offence in any manner. applicant is in custody since 19.03.2022. There is no further requirement of custodial interrogation of the present applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. On these grounds, he prays for grant of bail.
Per contra, learned counsel appearing for the State has vehemently opposed the application stating that there is recovery from the present applicant and there are two criminal cases registered against the present applicant therefore, prays for dismissal of the application.
Considering the over all facts and circumstances of the case, without commenting upon the merits of the case, this application is allowed. The applicant be rele
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose specific conditions for compliance.
Granting bail based on absence of recovery and first offender status, subject to specified conditions.
The court may grant bail considering the overall facts and circumstances of the case, without commenting upon the merits of the case, and impose specific conditions on the applicant.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose conditions for compliance by the ap....
The court has the discretion to grant bail based on the overall facts and circumstances of the case, subject to imposing necessary conditions on the applicants.
Granting bail under Section 439 of Cr.P.C and imposing conditions to ensure compliance and cooperation in the investigation.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
The court considered the lack of direct evidence and completion of the investigation in granting bail to the accused.
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