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ANIL VERMA
Rahul – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
anil Verma, J. - This is second bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. His first application was dismissed as withdrawn on 15/12/2021 vide M.Cr.C.No.61454/2021. The applicant is implicated in connection with Crime No.540/2021 registered at Police Station - amjhera, District Dhar (M.P.) for commission of offence punishable under Sections 294, 324, 326, 506 and 34 of the Indian Penal Code, 1860 read with Section 25(B) of the arms act. The applicant is in custody since 29/11/2021.
As per prosecution story, on 09/11/2021 complainant Lallu lodged an FIR against the applicant and co-accused person stating that when he was going to his agricultural field along with his father Ramsingh, at that time applicants came there and started quarreling with him. They also abused him. On objecting to the same, applicant Rahul caused injury to the complainant's father Ramsingh by using a Falia and co-accused person Ritesh also caused injury to Ramsingh by throwing stone. Thereafter, both the accused fled away from the spot. accordingly, offence has been registered against the applicant and other co-accused
The court's decision to grant bail was based on the nature and gravity of the offense, the absence of bone injury sustained by the victim, the existence of a cross case against the complainant party,....
The lack of corroboration of the injury attributed to the applicant and the completion of the investigation with the filing of the charge-sheet influenced the court's decision to grant bail.
Grant of bail based on lack of evidence, nature of offence, and parity with co-accused
The court may grant bail based on the nature and gravity of the offence, completion of investigation, filing of charge-sheet, and the likelihood of a long trial duration.
The court may grant bail based on the nature and gravity of the allegations, the period of detention, and the bail granted to co-accused in similar circumstances.
The court may grant bail based on the lack of criminal antecedent, the period of custody, and the ground of parity with co-accused, considering the possibility of delay in the conclusion of the trial....
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
The court considered the nature of the allegation, the length of time the applicant had been in custody, and the possibility of delay in the conclusion of the trial in granting bail to the applicant.
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