Back
ANAND PATHAK
Kalla @ Vidyaram – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. The applicant has filed this fourth bail application u/S.439 Cr.P.C for grant of bail. Applicant has been arrested on 08-07-2020 by Police Station Devgarh, District Morena in connection with Crime No.74/2020 registered for offence punishable under Sections 302, 323, 294, 506, 34 of IPC. His earlier bail applications were dismissed as withdrawn.
2. It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 08-07-2020 and material prosecution witnesses including injured witness have been examined, therefore, chance of tampering with the evidence/witnesses is remote. Applicant does not bear any criminal record. Looking to the period of custody and the fact that material prosecution witnesses have been examined, his case be considered for bail. Confinement amounts to pretrial detention. He further undertakes not to be source of embarrassment and harassment to the complainant party in any manner and would not move in the vicinity of complainant party and would cooperate in trial. Counsel seeks parity vis-a-vis order dated 11.02.2022 passed in MCRC No.6250/2022 of co-accused namely Jardan Singh. F
Granting bail based on the reduced chance of tampering with evidence due to the examination of material prosecution witnesses and the period of custody.
The court considered the possibility of course correction and the spirit of community service in granting bail to the applicant.
Granting bail based on the nature of the allegation and the spirit of community service.
The absence of a criminal record and lack of commentary on the merits of the case can be considered in granting bail.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
The court considered the spirit of community service and the applicant's age in granting bail, subject to strict conditions to ensure compliance and future conduct.
The court may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
