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VISHAL MISHRA
Deepak Kumar Jaiswa – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vishal Mishra, J. - This is the first bail application under Section 439 of Cr.P.C filed by the applicant for grant of bail.
The applicant has been arrested on 08.02.2022 by Police Station Omti, District Jabalpur (M.P.) in connection with Crime No.326/2021 for the offence punishable under Sections 34 (2) and 42 of the Excise act.
It is submitted that the applicant has been falsely implicated in the case and has not committed any offence in any manner. There is no recovery from the possession of the present applicant. applicant is the first offender. applicant has been implicated only on the basis of the statement given by the owner-Sukdev Patel of the vehicle. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application.
Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that he was driver of the vehicle which is clarified in the statement given by the owner of the vehicle. There is no recovery from the present applicant. Charge sheet has been filed in the matter. He has remained absconded for a considerable period and proceedings under Section 82 of the Cr.P.C. With gre
Granting bail based on absence of recovery and first offender status, subject to specified conditions.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose specific conditions for compliance.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose conditions for compliance by the ap....
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.
Granting bail under Section 439 of Cr.P.C and imposing conditions to ensure compliance and cooperation in the investigation.
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.
The court has the discretion to grant bail based on the overall facts and circumstances of the case, without commenting upon the merits of the case, and may impose specific conditions for the grant o....
Search and Seizer of illicit wine/liquor - Grant of bail - Having no criminal history.
The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.
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