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VIJAY KUMAR SHUKLA
Krishna @ Krishnakant – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is first regular bail application filed by the applicant - Krishna @ Krishnakant S/o Hari Verma under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.51/2022 registered at Police-Station - Barwah, District - Khargone (MP) for the offence punishable under Section 379 of Indian Penal Code, 1860 and under Section 53(1) (5) of MP Minor Minerals Rules 1996 and under Section 146/196 of Motor Vehicles act, 1988 and the applicant is in custody since 09.02.2022.
As per prosecution story, it is alleged that five tonnes of sand worth Rs.5000/- has been seized from the possession of present applicant.
Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the aforesaid offence. He also submits that investigation has already been completed and chargesheet has been filed in the matter. The applicant is in jail since 09.02.2022 and the final conclusion of trial would take considerably long time. With these submissions, bail has been sought.
Counsel for the non-applicant/State was also heard who has opposed the bail application.
After due consideration of the facts and circumsta
Granting bail based on completion of investigation and filing of chargesheet, along with consideration of the circumstances of the case.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The main legal point established in the judgment is that the lack of seizure from the applicant and the completion of the investigation influenced the court's decision to grant bail without expressin....
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, subject to imposing necessary conditions on the applicants.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The court may grant bail considering the overall facts and circumstances of the case, without commenting upon the merits of the case, and impose specific conditions on the applicant.
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