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G. S. AHLUWALIA
Ajay Rajak @ Ajju – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This third application under Section 439 of Cr.P.C. has been filed for grant of bail. The second application was dismissed as withdrawn by order dated 3.3.2022 passed in M.Cr.C.No.10491/2022.
The applicant has been arrested on 19.12.2021 in connection with Crime No.182/2021 registered at Police Station Panihar, District Gwalior for offence under Sections 34(2), 49(a) of M.P. Excise act.
It is submitted by Shri Ravi Dwivedi that according to the prosecution case, 1746 bulk litres of country made liquor has been seized from the possession of the applicant and the co-accused. It is also alleged that a huge quantity of raw material for manufacturing illegal liquor, machinery is also seized. However, it is submitted that the applicant is in jail for the last more than three months. The FSL report has not been received, therefore, it is not known as to whether the liquor seized from the possession of the applicant is unfit for human consumption or not. The applicant has no criminal history. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is veheme
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.
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 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 has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
Granting bail based on lack of evidence and completion of investigation.
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.
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