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VISHAL MISHRA
Sanjay Saket – 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. First bail application was dismissed as withdrawn vide order dated 16.03.2022 in M.Cr.C. No.13043/2022 with liberty to repeat the same after filing of the charge-sheet.
The applicant has been arrested on 21.02.2022 by Police Station Bichua, District Chhindwara (M.P.) in connection with Crime No.28/2022 for the offence punishable under Sections 420 , 468, 471 and 34 of the INDIAN PENAL CODE and Section 66 D of I.T. act.
It is pointed out that the applicant has falsely been implicated in this case, he has not committed any offence in any manner. It is submitted that the applicant has been made accused on the basis of memorandum of co-accused recorded under Section 27 of the EVIDENCE ACT . It is further submitted that the investigation is over and the charge-sheet has been filed in the matter on 01.04.2022. applicant is in custody since 21.02.2022. There is no further requirement of custodial interrogation of the applicant. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. In
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.
Granting bail based on absence of recovery and first offender status, subject to specified conditions.
Granting bail under Section 439 of Cr.P.C and imposing conditions to ensure compliance and cooperation in the investigation.
The criminal past should not be the sole ground for rejection of a bail application.
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 considered the lack of direct evidence and completion of the investigation in granting bail to the accused.
Search and Seizer of illicit wine/liquor - Grant of bail - Having no criminal history.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
Granting bail based on completion of investigation and filing of chargesheet, along with consideration of the circumstances of the case.
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