ANIL VERMA
Ambaram – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
anil Verma, J. - This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 10/02/2022 in connection with Crime No.280/2021 registered at Police Station - Kanad, District agar Malwa (M.P.) for commission of offence punishable under Section 302, 307, 324, 323, 147, 148, 149 and 325 of the Indian Penal Code, 1860 read with Section 25 and 27 of the arms act.
as per prosecution story, on 16/09/2021 at about 03:00 am, complainant Padamsingh was going to his agricultural filed, at that time, he met with co-accused persons Mohansingh, Ratansingh, Chainsingh, Prabhulal, Kalusingh, Radheshyam, antarsingh, Devisingh, Ishwarsingh, Rajendrasingh, Nihalsingh, ambaram (present applicant) and Kamal; Ishwarsingh armed with desi katta and co-accused Kalusingh, Chainsingh, Mohan Singh, armed with sword; co-accused Devisingh armed with farsi. Co-accused Ishwar fired gun shot by desi Katta on Umrao singh. as a result of which, he sustained injuries on his abdomen. Thereafter, other co-accused persons also started beating to the victim persons and inflicted several injuries by
Grant of bail based on lack of evidence, nature of offence, and parity with co-accused
The court's decision to grant bail was based on the nature and gravity of the offense, the absence of bone injury sustained by the victim, the existence of a cross case against the complainant party,....
The court may grant bail based on the nature and gravity of the offence, completion of investigation, filing of charge-sheet, and the likelihood of a long trial duration.
The court considered the nature of the allegation, the length of time the applicant had been in custody, and the possibility of delay in the conclusion of the trial in granting bail to the applicant.
The lack of corroboration of the injury attributed to the applicant and the completion of the investigation with the filing of the charge-sheet influenced the court's decision to grant bail.
The court may grant bail based on the nature and gravity of the allegations, the period of detention, and the bail granted to co-accused in similar circumstances.
The main legal point established is that bail may be granted based on the specific allegations and witness statements, and the expected duration of the trial.
The court established that lack of specific allegations and the potential for a lengthy trial can justify the granting of bail under Section 439 Cr.P.C.
The court considered the totality of the facts and circumstances of the case and granted bail to the accused petitioners under Section 439 Cr.P.C.
The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.
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