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RAJEEV KUMAR SHRIVASTAVA
Radha Krishan – 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 05.03.2022 by Police Station Ghatigaon, Distt. Gwalior (M.P.) in connection with Crime No.22/2022 registered for offence under Sections 34(1) & 49-a of the Excise act.
It is submitted by learned counsel for the applicant that the applicant has not committed any offence. He has falsely been implicated in this case. applicant is in custody since 05.03.2022. It is further submitted that the allegation of recovery of five litres of liquor, which is not fit for human consumption, from the possession of the applicant is false. There is no criminal history of the applicant. Trial will take its own time. applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, prays for grant of bail to the present applicant.
Per contra, learned State counsel has vehemently opposed the application and prayed for its rejection.
Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.
Considering the arguments advanced by learned counsel for the parties along
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 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.
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 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 facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court considered the absence of the FSL report, lack of criminal history, and the likelihood of a lengthy trial in granting bail to the applicant.
Grant of bail under Section 439 Cr.P.C in connection with the offence under the M.P. Excise Act based on the facts and circumstances of the case.
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.
Granting bail under Section 439 Cr.P.C and imposing conditions for release.
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