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G. S. AHLUWALIA
Brajendra Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This second repeat application under Section 439 of Cr.P.C. has been filed for grant of bail. First bail application of the applicants was dismissed as withdrawn by order dated 18/02/2022 passed in MCRC No.8780/2022.
The applicants have been arrested on 08/02/2021 in connection with Crime No.300/2021 registered at Police Station Gohad Chauraha, District Bhind for offence under Sections 34 1, 327, 294, 329 and 506/34 of IPC.
It is submitted by the counsel for the applicants that according to the prosecution case, the applicant No.1 Brajendra Singh was armed with a fire arm whereas, applicant No.2 Lalu @ Lalaram Kushwah had assaulted the complainant on his head twice by Lathi and there is no allegation of firing of gunshot against applicant No.1 Brajendra Singh. He is in jail from 08/02/2021. In view of the criminal antecedents of applicant No.1 Brjaendra Singh, he is ready and willing to abide by any stringent condition, which may be imposed by this Court. However, in view of the allegations that applicant No.2 Lalu @ Lalaram Kushwah had assaulted on the head of the injured twice, which is corroborated by the medical evidence, the counsel for the applica
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.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
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 ....
Granting bail under stringent conditions based on the period of detention and criminal history, in accordance with the judgment of the Supreme Court.
The court established that the nature of the injury and the duration of judicial custody are significant factors in deciding bail applications under Section 439 Cr.P.C.
The court established that bail can be granted when the accused has been in custody for an extended period, no injuries have been inflicted, and there are no prior cases against the accused.
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