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RAJEEV KUMAR DUBEY
Manish Patel – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Dubey, J. - Heard with the aid of case diary.
This is First bail application filed under section 439 Cr.P.C. applicant Manish Patel was arrested on 10/3/2022 in Crime No.76/2022 registered at Police Station Sanjeevani Nagar, District Jabalpur for the offence punishable under Section 420 of IPC.
as per the prosecution case, applicant executed an agreement to sale part of the land bearing survey no.124/2 in Rs.8 lac in favour of the complainant and took Rs.7 lac from him while applicant was not the owner of that land, thus he committed fraud with him.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the offence. Even otherwise, applicant returned the alleged amount Rs.7 lac to the complainat and entered into compromise with the complainant. The applicant has been in custody since 10/3/2022 and the conclusion of trial will take time, hence prayed for release of the applicant on bail.
Learned counsel for the complainant Raghuvir Yadav also submitted that the applicant returned alleged amount to the complainant so if this Court grants bail to the applicant, he has no objection.
Learned counsel for the State opposed t
The court considered the circumstances of the case, the return of the alleged amount to the complainant, and the likelihood of a prolonged trial in granting bail to the applicant.
Grant of Bail - Offence of Cheating - Bail is rule and committal to jail is an exception. Refusal of bail is a restriction on personal liberty of individual, guaranteed under Article 21 of Constituti....
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
The court has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
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.
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