Back
RAJEEV KUMAR DUBEY
Vijay Chandrawanshi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Dubey, J. - Heard with the aid of case diary.
This is the first application under Section 439 of Cr.P.C for grant of bail. The applicant Vijay Chandrawanshi was arrested on 10/04/2022 in connection with Crime No.249/2022 registered at Police Station amarwara, Distt. Chhindwara (M.P.) for the offence punishable under Section 25/27 of arms act.
as per the prosecution case, on 10/04/2022, on the information of informant that the applicant Vijay Chandrawanshi has illegally kept one country made pistol, abhishek Pyasi, Sub-Inspector alongwith police force went to the spot and arrested him. On interrogation, he informed the police that co-accused arjun Dehariya gave him one country made pistol and one live cartridge. On that Police arrested co-accused arjun Dehariya, he informed the police that co-accused Vishal Banwari gave that pistol and live cartridge to him and he sold that pistol to co-accused akash Chandrawanshi son of Pannalal Chandrawanshi. On that Police arrested co-accused akash son of Daresh Chandrawanshi & co-accused akash son of Pannalal Chandrawanshi and seized one country made pistol from the possession of co-accused akash son of Daresh Chandrawanshi at
The court's decision was influenced by the nature of the alleged offences, the length of time the accused has been in custody, and the fact that the alleged offences are triable by Judicial Magistrat....
Granting bail based on the applicant's custody since the date of arrest and the likelihood that he would not hinder the trial.
The length of custody and the expected duration of the trial are important considerations in granting bail in criminal cases.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
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....
The completion of investigation, filing of charge-sheet, and the undertaking of the applicant to cooperate in the trial are key factors in considering a bail application.
The nature of the crime and lack of valid explanation for firearm possession are critical in denying bail according to precedents regarding similar offences.
The decision emphasizes the importance of evidence connecting the accused to the crime, the right to bail, and the consideration of trial duration and public health concerns in granting bail.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
