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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Karan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61801 of 2021
Decided On : 25-03-2022
Bail - Criminal Law - The court granted bail to the applicant who was in custody for the offence punishable under Sections 294, 323, 506, 34, 302 of IPC, based on lack of legal evidence and without commenting on the merits of the case.
Fact of the Case:
The applicant was in custody for the offence punishable under Sections 294, 323, 506, 34, 302 of IPC. The complainant alleged that the applicant was involved in causing injuries that led to a person's death.
Finding of the Court:
The court, without commenting on the merits of the case, granted bail to the applicant based on the lack of legal evidence against him and the fact that the main witness turned hostile during the trial.
Issues: The main issue was the grant of bail to the applicant who was in custody for a serious offence.
Ratio Decidendi: The court granted bail to the applicant based on the lack of legal evidence and without commenting on the merits of the case.
Final Decision: The court directed the release of the applicant on bail upon furnishing a personal bond and a solvent surety, with compliance to the provisions of Section 437(3) Cr.P.C. The bail would remain effective till the end of the trial, subject to conditions.
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 crime. The applicant is in custody since 14.09.2021 and 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 and prayed for its rejection.
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 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
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