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VISHAL MISHRA
Pushpendra – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Mishra, J. - This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier bail application was dismissed on merits vide order dated 21.02.2022 in M.Cr.C. No.9289/2022 with liberty to repeat the same after filing of the charge-sheet.
The applicant has been arrested on 29.01.2022 by Police Station Maharajapur, District Chhatarpur (M.P.) in connection with Crime No.27/2022 for the offence punishable under Sections 327, 458, 427, 323, 294 and 506/34 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 investigation is over and the charge-sheet has been filed in the matter. Other co-accused Santosh Raikwar has already been enlarged on bail by this Court vide order dated 04.05.2022 passed in M.Cr.C.No.21701/2022. 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 contra, learned counsel appearing for the State has vehemently opposed 8 IST the prayer stating that the
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.
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 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 criminal past should not be the sole ground for rejection of a bail application.
Granting bail based on absence of recovery and first offender status, subject to specified conditions.
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