RAJEEV KUMAR SHRIVASTAVA
Rinku@ Sahib – 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 03-04-2022 by Police Station Kotwali, Sheopur (M.P.) in connection with Crime No.104 of 2022 registered for offence under Section 34(2) of MP Excise act.
It is submitted by learned counsel for the applicant that the allegation of recovery of 55 liters of country-made liquor from the possession of applicant is false. The applicant has been falsely implicated in the case. The applicant is in custody since 03-04-2022 and 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 present applicant.
Learned State counsel has vehemently opposed the prayer and submitted that the applicant has a criminal history and as many as three criminal cases have been registered against the applicant. Investigation is pending and charge sheet has not been filed. Hence, prayed for rejection of bail application.
Heard learned counsel for the parties and considered the arguments advanced by them and perused the case diary.
Considering the arguments advanced by
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 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 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.
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 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 has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
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 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 has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
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