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SUBODH ABHYANKAR
Anil – Appellant
Versus
State of Madhya Pradesh Station – Respondent
JUDGMENT
Subodh abhyankar, J. - They are heard. Perused the case diary / challan papers.
This is the applicant's first application under Section 439 of Criminal Procedure Code,1973, as he is implicated in connection with Crime No.402/2021 registered at Police Station- Kshipra, District-Indore (MP) for offence punishable under Sections 341,294, 323, 324, 326, 506, 34, 147, 148, 149, 307 of the IPC. The applicant is in custody since 26.10.2021.
allegation against the applicant is of causing head injury to the complainant Tomy.
Counsel for the applicant has submitted that the complainant has been discharged from the hospital within two days and in his C.T. Scan no abnormility has been found. It is further submitted that the applicant is in jail since 26.10.2021 and the final conclusion of the trial is likely to take long time. It is further submitted that the applicant is ready to abide by any condition that may be imposed by this Court. Hence, it is submitted that the bail application be allowed.
Counsel for the respondent/State, on the other hand has opposed the prayer.
On due consideration of the rival submissions, perusal of the case diary, taking note of the injuries suffered by the co
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 based on the provisions of Section 439 of the Criminal Procedure Code, 1973, and the consideration of the injury suffered by the complainant and the likelihood ....
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 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 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 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 seriousness of the injury suffered by the complainant and the lack of reason to presume false allegation influenced the court's decision to dismiss the bail application.
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....
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