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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Guddu – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 12583 of 2022
Decided On : 23-03-2022
Bail - Criminal Law - The court granted bail to the applicant who was in custody for the offence punishable under Section 394 of IPC, considering lack of legal evidence connecting the applicant to the offence, absence of criminal antecedents, and the prolonged trial process.
Fact of the Case:
The applicant was in custody for the offence punishable under Section 394 of IPC. The complainant alleged that the applicant committed loot by pelting stones on him while he was on a motorcycle.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the application for bail, directing the release of the applicant on furnishing a personal bond and complying with the provisions of Section 437(3) Cr.P.C.
Issues: Grant of bail under Section 439 of CrPC, lack of legal evidence, absence of criminal antecedents, and prolonged trial process.
Ratio Decidendi: The court considered the lack of legal evidence connecting the applicant to the offence, absence of criminal antecedents, and the prolonged trial process as grounds for granting bail.
Final Decision: The court granted bail to the applicant, directing release on furnishing a personal bond and complying with the provisions of Section 437(3) Cr.P.C.
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 07.01.2022 in connection with Crime No.08/2022, registered at Police Station Udaigarh District alirajpur for the offence punishable under Section 394 of IPC.
according to the prosecution case, the complainant lodged FIR alleging that on 05.01.2022, when he was going on motorcycle, some unknown persons pelted stone on him which hit on his shoulder and the accused have committed loot.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence to connect the applicant with the aforementioned offence. The investigation is over and charge sheet has been filed. The applicant was not identified by the complainant in the test identification parade conducted by the prosecution. Three plastic chairs and cash of Rs.2,000/- have been recovered from the possession of the applicant. There is no criminal antecedents against the applicant. The applicant is in custody since 07.01.2022. The conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.
Learned Panel lawyer 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.
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.
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....
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
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 circumstances of the case and the arguments presented, without commenting on the merits of the case.
The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
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