IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Lovekush @ Chotu – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 12019 of 2022
Decided On : 09-03-2022
Bail - Criminal Law - The court granted bail to the applicant, who was arrested for offences under Sections 307, 506, 120-B of IPC, 25, 27 of arms act, considering the length of custody and the likelihood of a prolonged trial.
Fact of the Case:
The applicant was arrested for offences under Sections 307, 506, 120-B of IPC, 25, 27 of arms act based on a report filed by the victim alleging that the applicant had fired at him with a country-made pistol.
Finding of the Court:
The court, without commenting on the merits of the case, granted bail to the applicant due to the length of custody and the expected duration of the trial.
Issues: Bail application in a case involving serious offences under the IPC and arms act.
Ratio Decidendi: The court considered the length of custody and the likely duration of the trial as key factors in granting bail to the applicant.
Final Decision: The court allowed the bail application and ordered the release of the applicant upon furnishing a bail bond of Rs.25,000 with one solvent surety.
JUDGMENT
Deepak Kumar agarwal, J. - The applicant was arrested on 24.12.2021 in connection with Crime No.126/2021 by Police Station Gaswani, District Sheopur (MP) for the offence punishable under Sections 307, 506, 120-B of IPC, 25,27 of arms act.
In brief, the prosecution case is that on 23.12.2021 at hospital Vijaypur, Police Station Gaswani, District Sheopuri, Raghav lodged a report against present applicant/accused that at 3 P.M. applicant/ accused called him. On his invitation, he reached the house situated at main road where ashish Jatav met him. applicant/accused Chotu was there having country made pistol. He told him that he will check his pistol on him. Thereafter, he put country made pistol on his ear, due to which, he pull down. thereafter, applicant/accused fired on him. Bullet hit on his thigh. Blood was oozing out. On his report, offence under Sections 307. 506 in dehatinalsi was recorded. Thereafter, offence under Sections 120-B of IPC, 25,27 of arms act was enhanced. He was sent for medical examination. applicant/accused was arrested. Country made pistol was seized. Charge-sheet is annexed with the case diary.
after investigation, charge-sheet has been filed.
Learned counsel for the applicant submits that applicant is innocent and he has has been falsely implicated. He has not committed any offence in any manner. He is in custody since 24.12.2021. He is ready to abide by all the terms and conditions which may be imposed by this Court. Under these circumstances, he prays for grant of bail to the applicant.
Learned counsel for the State vehemently opposed the application and prays for its rejection.
Heard learned counsel for the rival parties at length and perused the case diary.
Looking to the facts and circumstances of the case coupled with the fact that applicant is in custody since 24.12.2021 and conclusion of the trial will take time, without commenting upon the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. He will present during trial before the trial Court on each and every date.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
The length of custody and the expected duration of the trial are important considerations in granting bail in criminal cases.
The court's decision to grant bail was based on the facts and circumstances of the case, emphasizing the need for the applicant to cooperate in trial and appear before the trial court on each date.
The completion of investigation, filing of charge-sheet, and the undertaking of the applicant to cooperate in the trial are key factors in considering a bail application.
The court has the discretion to grant bail based on the circumstances of the case and may impose conditions to ensure the presence of the applicant during trial.
The court's decision to grant bail was based on the assessment of the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision was influenced by the nature of the alleged offences, the length of time the accused has been in custody, and the fact that the alleged offences are triable by Judicial Magistrat....
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