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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Shantilal – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 16742 of 2022
Decided On : 01-04-2022
Bail - Criminal Procedure Code - The court allowed the application for bail under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of the case, without commenting on the merits of the case. The applicant was directed to be released on bail upon furnishing a personal bond and complying with the provisions of Section 437(3) Cr.P.C. The order would remain effective till the end of the trial, subject to compliance with the pre-conditions of bail and COVID-19 guidelines.
Fact of the Case:
The applicant filed an application for bail under Section 439 of the Criminal Procedure Code, 1973, as he was facing trial for various offences under the Indian Penal Code. The prosecution alleged that the applicant, along with other co-accused persons, assaulted and caused injuries to the complainant, leading to the registration of the case against the applicant.
Finding of the Court:
The court allowed the application for bail, considering the facts and circumstances of the case, without commenting on the merits of the case. The applicant was directed to be released on bail upon furnishing a personal bond and complying with the provisions of Section 437(3) Cr.P.C. The order would remain effective till the end of the trial, subject to compliance with the pre-conditions of bail and COVID-19 guidelines.
Issues: The main issue was whether the applicant should be granted bail despite facing serious allegations of assault and causing injuries to the complainant.
Ratio Decidendi: The court considered the absence of criminal antecedents against the applicant, the lack of recovery and allegations against the applicant for causing injury to the injured, and the possibility of false implication. The court also took into account the time it would take for the conclusion of the trial and the COVID-19 outbreak, directing the concerned jail authorities to follow the government's guidelines before releasing the applicant.
Final Decision: The court allowed the application for bail and directed the release of the applicant on bail upon furnishing a personal bond and complying with the provisions of Section 437(3) Cr.P.C. The order would remain effective till the end of the trial, subject to compliance with the pre-conditions of bail and COVID-19 guidelines.
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.
The applicant is facing trial in connection with Crime No.105/2022, registered at Police Station Maingaon District Khargone for the offence punishable under Sections 294, 323, 324, 506/34, 325 and 307of IPC. The applicant is in custody since 09.03.2022.
as per the prosecution story, the allegation against the applicant is that he alongwith other co-accused persons has assaulted and caused injuries to the complainant abusing him in filthy language, hence, the police has registered the case against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there is no recovery from the applicant, there is no allegations against the applicant for causing injury to the injured, co-accused Bhagwati Bai has already been granted bail by the Sessions Court, the present case has been foisted falsely and is counter blast of the complaint lodged by co-accused Bhagwatibai on the same police station against the complainant of this case which is registered as Crime No.104/2022. The applicant is in custody since 09.03.2022.. There is no criminal antecedents against the applicant. Charge-sheet has been filed. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Government advocate has opposed the application by submitting that their are serious allegations against the applicant to assault the complainant, hence, no case for bail is made out.
Looking to the facts and circumstances of the case, on a perusal of the material available on record including the case diary, without commenting on the merits of the case, this application is allowed.
It is directed that the applicant/accused be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
It is also directed that the applicant shall comply with the provisions of Section 437(3) Cr.P.C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the applicant.
This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.
Certified Copy as per rules.
Grant of bail based on lack of legal evidence, absence of criminal antecedents, and the prolonged trial process.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
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 court has the discretion to grant bail based on the facts and circumstances of the case, considering the duration of custody and the applicant's role as the sole bread earner of his family.
Grant of bail based on lack of legal evidence connecting the applicant to the offence and the specific circumstances of the case.
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 based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
The main legal point established is that bail can be granted based on the lack of legal evidence and without commenting on the merits of the case.
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