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ANAND PATHAK
Chotu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anand Pathak, J. - Matter is heard finally.
The applicant has filed this Third bail application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 24/11/2021 by Police Station Mungawali, District-ashoknagar in connection with Crime No. 317/2021 registered for offence punishable under Sections 323, 294, 324, 506 and 34 of IPC, added Sections 325 and 326 of IPC. His earlier applications were dismissed as withdrawn on 20/12/2021 and 03/01/2022.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 24/11/2021 whereas material prosecution witnesses Rajkumar (PW-1) and Pawan (PW-2) have been examined, therefore, chance of tampering with the evidence/witnesses is remote. It is further submitted that the medical report indicates that fracture is sustained by the victim Rajkumar over his leg (fibula bone) and apparently, it has not been caused by the appellant prima facie. Therefore, considering the period of custody, which is more than six months and delay in trial, his case be considered for bail. Learned counsel referred that applicant has criminal antecedents of three cases, out
The absence of a criminal record and lack of commentary on the merits of the case can be considered in granting bail.
The court has the discretion to grant bail, considering the nature of the offences, confinement of the applicant, and the undertaking of the applicant to cooperate and not cause any embarrassment or ....
Granting bail based on false case allegation and the applicant's willingness to cooperate in trial and investigation, with specific conditions to be followed upon release.
Granting bail based on the improbable nature of the allegations, the medical report, and the applicant's undertaking to cooperate in the trial and investigation.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
The court has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
The court has the discretion to grant bail after considering the peculiar fact situation and the willingness of the applicant to cooperate in the trial.
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