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SUBODH ABHYANKAR
Rahul – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhyankar, J. - They are heard. Perused the case-diary.
This is the second bail application under Section 439 of Criminal Procedure Code, 1973, as he is implicated in connection with Crime No.534/2020 registered at Police Station Banganga, District ' Indore (MP) for offence punishable under Sections 326, 506, 34 and 307 of IPC and Section 25 of arms act. The applicant is in custody since 03.06.2020.
His earlier bail application M.Cr.C. No.46727 of 2020 was dismissed by this Court on 27.05.2021 as withdrawn.
Counsel for the applicant has submitted that the injured in the present case PW-1 Ravi Yadav has already been examined and has not supported the case of the prosecution. Copy of his deposition is also placed on record. Counsel has further submitted that the other material prosecution witnesses have also been examined and they have also not supported the case of the prosecution. It is further submitted that the applicant is in jail since 03.06.2020 and the final disposal of the case is likely to take sufficient long time.
Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that looking to the nature of injuries, which have be
The court's decision was influenced by the lack of support from prosecution witnesses and the nature of allegations in allowing the bail application under Section 439 of the Cr.P.C.
The decision to grant bail was based on the likelihood of a long trial duration and the lack of support from material witnesses, as per Section 439 of Cr.P.C.
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court may grant bail based on the contention of parity with a co-accused and the lengthy trial process, while also considering the applicant's criminal antecedents and imposing specific condition....
The court considered the similarity of the applicant's case to that of the co-accused who had been granted bail previously and the likelihood of a lengthy trial as grounds for allowing the bail appli....
The court has the discretion to grant bail based on the seriousness of the alleged offence, the nature of injuries suffered, and the readiness of the applicant to abide by any conditions imposed by t....
The court's decision to grant bail was based on the grounds of parity with the co-accused, the lack of support from prosecution witnesses, the small amount involved in the possession of the applicant....
The completion of three months in custody and the applicant's acquittal in most of the cases were considered as grounds for allowing the bail application.
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