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VISHAL MISHRA
Bharat Singh Gond – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Mishra, J. - This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 19.11.2021 by Police Station Majhgawan, District Satna in connection with Crime No.204/2021 for the offence punishable under Sections 436 and 427 of the Indian Penal Code.
It is submitted that the applicant has falsely been implicated in the crime. He has not committed any offence. It is further submitted that as per Roznamcha, dated 18.11.2021 the complainant has not seen anyone putting fire in his hut. He is unaware of the person, who has set fire in his hut. It is argued that the investigation i s over and the charge-sheet has been filed before the concerning Court on 28.12.2021. He is in custody since 19.11.2021; therefore, there is no further requirement of custodial interrogation of the applicant. On these grounds, he prays for grant of bail.
Per contra, learned counsel appearing for the State has vehemently opposed the bail application stating that the eye witness Girwar Singh, who is the neighbor of the complainant has stated that he has seen the applicant running from the spot.
It is submitted that the applicant
The court considered the lack of direct evidence and completion of the investigation in granting bail to the accused.
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, without commenting upon the merits of the case, and may impose conditions for compliance by the ap....
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 the grant o....
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.
Granting bail based on absence of recovery and first offender status, subject to specified conditions.
Granting bail under Section 439 of Cr.P.C and imposing conditions to ensure compliance and cooperation in the investigation.
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