RAJENDRA KUMAR VERMA
Rajaram – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajendra Kumar Verma, J. - This is first application under Section 439 of Criminal Procedure Code, 1973, filed by the applicant for grant of bail during trial.
The applicant is facing trial in connection with Crime No.84/2022, registered at Police Station-Nalkheda, District-agar (Malwa), concerning offence under Sections 34(2) of M.P. Excise act, 1915.
Allegation against the applicant is that he is involved in the offence wherein 1872 liters of beer was recovered from the possession of co-accused persons. applicant was also arrested, as the vehicle which was used for transportation of the alleged liquor was in the ownership of the present applicant.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present crime. He is arrested in the case only because he is the owner of the pick up vehicle. It is also submitted that the pick-up van was hired by the accused persons. There is no recovery from the present applicant. There are no criminal antecedents against the applicant, who is in custody since 26.03.2022, charge sheet has been filed and conclusion of trial will take sufficient long time. Under these circumstan
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
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, and the applicant's compliance with specific conditions.
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 applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
Grant of bail based on the amount of seized liquor and period of custody, without commenting on the merits of the case.
Grant of bail based on lack of legal evidence connecting the accused to the offence and the prolonged trial process.
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