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G. S. AHLUWALIA
Brijendra @ Bittu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 10/10/2021 in connection with Crime No.406/2021 registered at Police Station Chachoda, District Guna for offence under Sections 420 , 467, 468 and 471 of IPC.
It is submitted by the counsel for the applicant that according to the prosecution case, the applicant and co-accused person persuaded the innocent unemployed people on the pretext that they have got a contract of replacing the electric meters and therefore, they can grant of employment. On the said pretext they compelled the unemployed persons to deposit certain amount. It is alleged that thereafter, the forged appointment orders were also issued. It is submitted by the counsel for the applicant that according to the prosecution case, one Munna Singh had alleged that he had paid Rs.10,000/- to the applicant but he has not supported the prosecution case and has turned hostile qua the applicant. It is further submitted that in all Rs.80,000/- were allegedly collected from the unemployed persons and in order to show his bona fides, he is ready and willing to deposit some of the am
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
The judgment emphasizes the gravity of white-collar crimes and the need for severe punishment for culprits involved in cheating and criminal breach of trust.
The court emphasized that bail may be denied if the accused poses a threat to witness safety and has a record of similar offenses.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The right to life and liberty should not be infringed without sufficient cause, and bail may be granted under Section 439 of Cr.P.C. when detention in custody is not warranted for any purpose other t....
The court may grant bail considering the nature of allegations and period of detention, without commenting on the merits of the case.
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