Back
RAJENDRA KUMAR VERMA
Karan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajendra Kumar Verma, J. - This is first application under section 439 of CrPC for grant of bail on behalf of applicant who is in custody since 14.09.2021 in connection with Crime No.257/2021, registered at Police Station Tirla, District Dhar for the offence punishable under Sections 294,323,506,34,302 of IPC.
as per prosecution case, the complainant lodged a report alleging that on 12.09.2021 that in the night there were few people loitering around the Hanuman Temple. Thereafter, the Pujari of the temple started inquiring from them, on which they started abusing him dealt him blows by means of stick and bricks on his head and caused injury on his wrist by stick. Thereafter, he was taken to hospital where he succumbed to injuries. accordingly case has been registered against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He has been implicated on the basis of one Rahul Bhagwat who identified him, but in the examination before the trial Court he turned hostile and has not supported the case of the prosecution. There is no legal evidence against the applicant to implicate him in the aforesaid
Grant of bail based on lack of legal evidence connecting the applicant to the offence and the specific circumstances of the case.
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, considering the duration of custody and the applicant's role as the sole bread earner of his family.
Granting bail based on the totality of facts, similar bail granted to co-accused, filing of chargesheet, and the likelihood of prolonged proceedings.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
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's decision on the bail application was based on the facts and circumstances of the case, without commenting on the merits of the case, and the conditions imposed for the release of the accu....
Grant of bail based on absence of applicant's name in FIR, lack of criminal antecedents, and pendency of trial
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
