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SUBODH ABHYANKAR
Ganiya @ Ganu – Appellant
Versus
State of Madhya Pradesh Station – Respondent
JUDGMENT
Subodh abhyankar, J. - They are heard and perused the case diary.
This is applicant's third bail application filed under Section 439 of Cr.P.C. The applicant is implicated in connection with Crime No.45/2021 registered at Police Station-Tanda, District-Dhar MP) for offence punishable under Sections 363, 365, 342, 506 of the IPC and 25-B of the arms act. The applicant is in custody since 18.2.2021.
applicant's earlier bail applications No. 63492/2021 and 44418/2021 were dismissed by this Court as withdrawn vide orders dated 03.1.2022 and 22.9.2021 respectively.
Counsel for the applicant has submitted that now the material witnesses have already been examined in court and not supported the case of the prosecution. It is further submitted that the applicant is in jail since 13.3.2021 and conclusion of the trial is likely to take sufficiently long time. In such circumstances, it is prayed that the application be allowed and the applicant be released on bail
Counsel for the State, on the other hand, has opposed the prayer and submitted that no case for grant of bail is made out.
On due consideration of the rival submissions and on perusal of the case diary as also the deposition of t
The decision to grant bail was based on the likelihood of a long trial duration and the lack of support from material witnesses, as per Section 439 of Cr.P.C.
The court's decision was influenced by the lack of support from prosecution witnesses and the nature of allegations in allowing the bail application under Section 439 of the Cr.P.C.
The court may grant bail based on the contention of parity with a co-accused and the lengthy trial process, while also considering the applicant's criminal antecedents and imposing specific condition....
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
The court's decision to grant bail was based on the grounds of parity with the co-accused, the lack of support from prosecution witnesses, the small amount involved in the possession of the applicant....
The court's decision was influenced by the lack of recovery from the applicant, the extended duration of custody, and the fact that bail had been granted to other co-accused in similar cases.
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court's decision to grant bail was influenced by the nature of injuries, prolonged custody, and the likelihood of a lengthy trial, as per the provisions of Section 439 of the Criminal Procedure C....
The court considered the similarity of the applicant's case to that of the co-accused who had been granted bail previously and the likelihood of a lengthy trial as grounds for allowing the bail appli....
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