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VISHAL MISHRA
Rajesh Mashram – 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 15.03.2022 by Police Station Mehadwani, District Dindori (M.P.) in connection with Crime No.21/2022 for the offence punishable under Sections 363 and 365 of the Indian Penal Code.
It is pointed out that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. It is submitted that the statement of the victim recorded under Section 164 of the Cr.P.C., there is no allegation of rape against the present applicant. She has stated that she with her own will left the house of her parents and went with the present applicant to do some work. It is further submitted that the investigation is over and the charge-sheet has been filed in the matter on 04.04.2022. applicant is the first offender and is in custody since 15.03.2022. There is no further requirement of custodial interrogation of the applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In view of the aforesaid, he prays for grant of bail.
Per
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, without commenting upon the merits of the case, and may impose specific conditions for the grant o....
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.
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.
Granting bail based on absence of recovery and first offender status, subject to specified conditions.
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.
The court considered the lack of direct evidence and completion of the investigation in granting bail to the accused.
Granting bail under Section 439 of Cr.P.C and imposing conditions to ensure compliance and cooperation in the investigation.
The court may grant bail considering the accused's first offender status, the filing of the charge sheet, and the likelihood of a prolonged trial.
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