IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Shubham Rawat – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 11517 of 2022
Decided On : 07-03-2022
Bail Application - Offence under Section 392, 34 of IPC and Sections 11/13 of the MPDVPK act - The court allowed the bail application based on the completion of investigation and filing of charge-sheet, without commenting on the merits of the case.
Fact of the Case:
The applicant was arrested for the offence under Section 392, 34 of IPC and Sections 11/13 of the MPDVPK act based on a report filed by the complainant, alleging that he was robbed of cash and belongings by unknown persons.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application considering the completion of investigation and filing of charge-sheet, and ordered the release of the applicant on bail upon furnishing a bail bond.
Issues: Bail application u/S.439 Cr.P.C
Ratio Decidendi: The completion of investigation and filing of charge-sheet were considered as grounds for allowing the bail application, without commenting on the merits of the case.
Final Decision: The court allowed the bail application and ordered the release of the applicant on bail upon furnishing a bail bond of Rs.25,000 with one solvent surety.
JUDGMENT
Deepak Kumar agarwal, J. - This is the First bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
applicant has been arrested on 14.12.2021 by Police Station, Kolaras, District Shivpuri, in connection with Crime No.470/2021 for the offence punishable under Section 392, 34 of IPC and Sections 11/13 of the MPDVPK act.
As per prosecution case, on 21.10.2021 at 1:41 pm, Complainant Shafi ahmad Khan lodged a report that he does the job of cashier at Pooran Chandra Hariom firm. On 21.10.2021, at about 11-11:15 am, when he was going from Mandi to godown for taking Baardana, there was Rs. 3 lacs, cheque book, letter pad, bill book, copy, calculator and, one Raseed katta in his bag. as soon as he reached between Kolaras Gate and road, one person intentionally dashed his motorcycle with the motorcycle of complainant due to which he fell down. He sustained injuries in the knee of his left hand and right leg and minor injuries on his ankle and left side of head. Both the persons having threatened him, snatched his bag and fled away. One another motorcycle was behind them on which two persons were sat. He could not see the number of the said motorcycles but he can recognize them on being confronted. On his report, Crime No.470/2021 for the offence punishable under section 392, 34 of IPC and 11/13 of MPDVPK act was registered at Police Station Kolaras District Shivpuri against unknown person. applicant-accused was apprehended and interrogated. at his behest, one motorcycle and cash of Rs.24,500/- have been seized. after investigation, charge-sheet has been filed.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case. He is in custody since 14.12.2021. Investigation has been complete and charge-sheet has been filed.
Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the prayer and prayed for dismissal of the application.
Both the advocates are heard. Case diary perused.
Looking to the facts and circumstances of the case, but without commenting on 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 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 completion of investigation and filing of charge-sheet can be considered as grounds for allowing a bail application.
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 has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
The completion of investigation, filing of charge-sheet, and the requirement for the applicant to be present during trial are crucial factors in considering a bail application.
The court may grant bail based on the applicant's undertaking to cooperate in the investigation/trial, even for serious offences.
The court may grant bail considering the circumstances and length of custody without commenting on the merits of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, ensuring the accused's presence during the trial.
The length of custody, filing of charge-sheet, and the likelihood of a prolonged trial are relevant factors in considering a bail application.
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