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SUSHRUT ARVIND DHARMADHIKARI
Neelesh @ Neelu Goswami – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sushrut arvind Dharmadhikari, J. - The applicant has filed this second application u/S. 439, Cr.P.C. for grant of bail. First application was dismissed as withdrawn vide order dt.14.12.2021 passed in M.Cr.C. No.57718/2021.
The applicant has been arrested on 11.07.2021 by Police Station Gohalpur, District Jabalpur (M.P.), in connection with Crime No.844/2020 registered in relation to the offence punishable under Sections 307, 294 of IPC and Section 25 of arms act.
Allegation against the applicant and other co-accused persons, in short, is that they assaulted the complainant Sourabh with knife due to which he received injuries. On the basis of the aforesaid, crime has been registered.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the case. He is in custody since11.07.2021. Charge sheet has been filed, therefore, no further custodial interrogation is required. The statement of injured Sourabh has been recorded, in which he has turned hostile and he stated that he has not seen anybody as to who beat him. Disposal of the matter will take long time. It is further submitted that the applicant cannot be kept in custody for an unlimited per
Prolonged pre-trial detention is an anathema to the concept of liberty, and bail can be granted based on the overall facts and circumstances of the case.
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 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 concept of liberty and the prolonged pre-trial detention influenced the court's decision to grant bail to the applicant.
The court considered the concept of liberty and the prolonged pre-trial detention in granting bail to the applicant.
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
The court may grant bail under Section 439 of CrPC based on the completion of investigation, filing of charge-sheet, and the lack of requirement for further custodial interrogation, without commentin....
The court has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
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.
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