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RAJEEV KUMAR SHRIVASTAVA
Mohar Pal @ Rinku – Appellant
Versus
State of Madhya Pradesh Incharge – Respondent
JUDGMENT
Rajeev Kumar Shrivastava, J. - The applicant has filed this first application u/S.439 Cr.P.C for grant of bail. applicant has been arrested on 14/2/2022 by Police Station Purani Chhawani, Distt. Gwalior (M.P.) in connection with Crime No.374/2021 registered for offence under Sections 34 and 49-a of the Excise act.
It is submitted by learned counsel for the applicant- Mohar Pal @ Rinku that the applicant has not committed any offence. He has falsely been implicated in this case. applicant is innocent. Learned counsel for the applicant submits that the allegation of recovery of 30 Qtr. country-made liquor and 20 liters O.P. from the possession of the applicant is false. Investigation and trial will take its own time. applicant is ready and willing to abide by any condition which may be imposed by this Court. Hence, learned counsel prays for grant of bail to the present applicant.
Learned State counsel has vehemently opposed the submissions and submitted that there are history of three cases against the present applicant. Considering the aforesaid along-with nature and gravity of alleged offence, prayed to reject this application filed for grant of bail to the applicant.
Heard le
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
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.
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 has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
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