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SUBODH ABHYANKAR
Dinesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh abhyankar, J. - They are heard. Perused the case diary / challan papers.
This is the first application under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.203/2021 registered at Police Station Khujner, District Rajgarh (MP) for offence punishable under Sections 406, 407, 436, 34 of the Indian Penal Code, 1860. The applicant is in custody since 26/07/2021.
Counsel for the applicant has submitted that the applicant was arrested on 26/07/2021 and as such he has already completed more than 8 months of incarceration. It is further submitted that the co-accused Lakhan has already been granted bail by this Court in M.Cr.C. No.5435/2022 vide order dated 11/02/2022 and the final conclusion of the trial is likely to take sufficient long time. Hence, it is submitted that the bail application be allowed and he be released on bail on the ground of parity.
Counsel for the respondent / State, on the other hand has opposed the prayer and it is submitted that the case diary is not available.
Having considered the rival submissions and on perusal of the charge sheet which is available with the counsel for the applicant and also taking
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 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'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 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 the Cr.P.C. based on the applicant's plausible involvement in the offence.
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 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 influenced by the nature of injuries, prolonged custody, and the likelihood of a lengthy trial, as per the provisions of Section 439 of the Criminal Procedure C....
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