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RAJEEV KUMAR SHRIVASTAVA
Ashish @ Chunna Chhari – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Shrivastava, J. - The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 12-03-2022 by Police Station ambah, District Morena (M.P.) in connection with Crime No. 153 of 2021 registered for offence punishable under Sections 34 and 49-a of the Excise act.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated. The applicant is in custody since 12-03-2022. as per prosecution case, 9 liters of illicit country made liquor and around 250 liters lahan were recovered from the possession of applicant. Completion of investigation as well as conclusion of trial will take some time. applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prayed for grant of bail to the applicant.
Learned State counsel opposed the prayer and submitted that applicant has a criminal history and as many as two criminal cases have been registered against the applicant. Investigation is going on. It is further submitted that the FSL report of aforesaid seized liquor is still awaited. Hence, prayed for rejection of bail application.
Heard the learned counse
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
The court considered the absence of the FSL report, lack of criminal history, and the likelihood of a lengthy trial in granting bail to the applicant.
Grant of bail based on lack of conclusive evidence and the period of custody.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
The court may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.
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