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VISHAL MISHRA
Vipul Kumar Dwivedi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Mishra, J. - This is the second bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail. His earlier application was dismissed as withdrawn vide order dated 16.02.2022 passed in M.Cr.C.No.7246/2022.
The applicant has been arrested on 14.01.2022 in connection with Crime No.16/2022 registered at Police Station Kotwali, District Balaghat (M.P.) for the offence punishable under Sections 457, 380, 201 & 34 of IPC.
It is alleged that the applicant has not committed any offence in any manner. He has been falsely implicated in the case. The applicant is in custody since 14.01.2022. Charge-sheet has been filed in the matter on 09.03.2022. Therefore, there is no further requirement of custodial interrogation of the applicant in the matter. as far as criminal past of the present applicant is concerned, he has one more criminal past including this case but it is for minor offences. He has placed reliance upon the judgement passed by the Hon'ble Supreme Court in the case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in (2020) 11 SCC 648, wherein it is held that the criminal past should not be sole ground for rejection of the bail application.
The criminal past should not be the sole ground for rejection of a bail application.
The court may grant bail considering the overall facts and circumstances of the case, without commenting upon the merits of the case, and impose specific conditions on the applicant.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, subject to imposing necessary conditions on the applicants.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose specific conditions for compliance.
Search and Seizer of illicit wine/liquor - Grant of bail - Having no criminal history.
Granting bail under Section 439 of Cr.P.C and imposing conditions to ensure compliance and cooperation in the investigation.
Granting bail based on absence of recovery and first offender status, subject to specified conditions.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose conditions for compliance by the ap....
The court considered the lack of direct evidence and completion of the investigation in granting bail to the accused.
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