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G. S. AHLUWALIA
Rajesh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 4.2.2022 passed in M.Cr.C.No.5869/2022.
The applicant has been arrested on 10.12.2021 in connection with Crime No.164/2020 registered at Police Station Umari, District Bhind for offence under Sections 307, 294, 34 of IPC.
It is submitted by the counsel for the applicant that the first application was withdrawn because the counsel who had filed the said application had already appeared for the complainant and the application was not argued on merits. It is submitted by the counsel for the applicant that according to the prosecution case, three persons fired gunshots causing injuries on the ankle and the hand of the victims. It is submitted that there is a cross-case also. The applicant is in jail from 10.12.2021. The Co-ordinate Bench of this Court by order dated 24.9.2021 passed in M .Cr.C.No.35177/2020 has granted bail to the co-accused Jageshwar Singh @ Rajne. In view of the criminal antecedents, the applicant is ready and willing to abide by any stringent condition which may be imposed by the Court. The
Granting bail on stringent conditions to prevent delay in trial and ensure the applicant's accountability.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The court may grant bail considering the period of detention and the likelihood of a lengthy trial, without commenting on the merits of the case.
Granting bail under stringent conditions based on the period of detention and criminal history, in accordance with the judgment of the Supreme Court.
The decision to grant bail was influenced by the absence of a fracture in the victim's leg and the lack of criminal history for the applicant, indicating a lower risk of absconding or tampering with ....
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of Cr.P.C. based on the period of detention, absence of the accused's possession of the incr....
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
The main legal point established in the judgment is the consideration of substantive evidence, the likelihood of a lengthy trial, and the absence of a possibility of absconding or tampering with the ....
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