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SATYENDRA KUMAR SINGH
Roop Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is the first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 18.01.2021 in connection with Crime No.45/2021, registered at Police Station Bhanpura District Mandsaur (M.P.) for commission of offence punishable under Section(s) 307 r/W 34 of IPC & 25/27 of arms act.
Prosecution story, in brief, is that on 11.02.2021, at about 4:00 a.m, when complainant Poonamchand alongwith few other villagers were walking around the village, he saw applicant alongwith other co-accused persons in suspicious condition. When he tried to stop them, one of the co-accused Mukesh fired gun shots on the complainant and other villages due to which Pankaj sustained pellet injury on his leg. accordingly, case has been registered against the present applicant alongwith other co-accused persons.
Learned counsel for the applicant submits that applicant has not committed any offence. Statements of complainant Poonamchand as well as injured Pankaj and other prosecution witnesses have been recorded and none of them have identified the applicant. He has been implicated in the matter only on the basis of memorandum stat
The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.
The court may grant bail to an applicant based on the nature of the accusation and the lack of criminal antecedents, without commenting on the merits of the case.
Grant of bail based on absence of applicant's name in FIR, lack of criminal antecedents, and pendency of trial
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
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.
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 delay in lodging the FIR and the age of the prosecutrix at the time of the incident were crucial factors in the court's decision to grant bail to the applicant.
The court's decision to grant bail was based on the nature of allegations and evidence against the applicant, without commenting on the merits of the matter.
The court's decision to grant bail was influenced by the absence of criminal antecedents against the applicant, the lack of recovery and allegations against the applicant for causing injury to the in....
The principle of parity with co-accused and the requirement of legal evidence influenced the Court's decision in granting bail to the applicant.
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