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VISHAL MISHRA
Rajju @ Kushal Yadav – 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 25.3.2022 by Police Station Majhgawan, District-Satna (M.P.) in connection with Crime No.86/2015 for t h e offence punishable under Sections 386 of IPC and Section 11/13 of M.P. D. & a.E.R. act, 1981.
It is submitted that applicant has been falsely implicated in the case and he has not committed any offence in any manner. The only allegation against the present applicant is that he is a member of group who is committing the dacaiti and no other allegations are made against the present applicant. The applicant is in custody since 25.3.2022. He is ready to abide by all terms and conditions that may be imposed by this Court while considering this bail application; therefore, prays for grant of bail.
Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that the applicant is a habitual offender having another case registered in the year 2015. It is submitted that he is a member of group who has committed dacaiti and he is absconded for a considerable period.
Considering the overall fac
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 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 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.
The criminal past should not be the sole ground for rejection of a bail application.
The court considered the lack of direct evidence and completion of the investigation in granting bail to the accused.
The court may grant bail under Section 439 of CrPC based on the completion of investigation, filing of charge-sheet, and the lack of requirement for further custodial interrogation, without commentin....
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