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VISHAL MISHRA
Karan – 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 applicants for grant of bail.
The applicants have been arrested on 23.1.2022 by Police Station Damua, District-Chhindwara (M.P.) in connection with Crime No.22/2022 for the offence punishable under Sections 457, 380 and 414 of the Indian Penal Code.
It is submitted that the applicants have been falsely implicated in the case and they have not committed any offence in any manner. It is further submitted that the investigation is over and the charge-sheet has already been filed on 22.03.2022 in the matter. The other co-accused has already been enlarged on bail by this Court on 21.3.2022 in M.Cr.C. No.12823/2022. There is no further requirement of custodial interrogation of the present applicants. The applicant No.2-Balakram is the first offender and applicant No.1-Karan is having a criminal past of one case registered against him. They are ready to abide by all the terms and conditions that may be imposed by this Court while considering their bail application. In such circumstances, he prays for grant of bail.
Per contra, learned counsel appearing for the State has vehemently opposed
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 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 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 specific conditions for the grant o....
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 based on absence of recovery and first offender status, subject to specified conditions.
Granting bail under Section 439 of Cr.P.C and imposing conditions to ensure compliance and cooperation in the investigation.
The criminal past should not be the sole ground for rejection of a bail application.
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