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SATYENDRA KUMAR SINGH
Ashok Kir – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - With the consent, heard finally.
Perused the case diary.
This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 14.11.2021 in connection with Crime No.134/2016 registered at Police Station Goutampura, District Indore (M.P.) for commission of offence punishable under Sections 379, 109 and 120-B of IPC.
Prosecution story, in brief is that in the intervening night of 06-07.07.2016, applicant took complainant's tractor bearing registration No.MP09-aC-6502 without his permission and stolen the same.
Learned counsel for the applicant submits that applicant was enlarged on bail by the Trial Court but he could not appear on 30.09.2021 due to which arrest warrant was issued against him and in consequence to which, he has been arrested and is in custody for about 2-1/2 to 3 months. Learned counsel further submits that on 30.09.2021, applicant was in custody in connection with some other matter, due to which he was unable to appear before the Trial Court and arrest warrant was issued against him. His absence was not intentional and therefore, looking to the period of his custody, applicant is e
The court may grant bail under Section 439 of Cr.P.C considering the period of custody and the circumstances of the applicant's non-appearance, without commenting on the merits of the case.
The court granted bail to the applicant based on the ground of parity with a co-accused who had already been enlarged on bail, considering the circumstances of the seizure of the stolen vehicle.
The nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
Grant of bail based on absence of applicant's name in FIR, lack of criminal antecedents, and pendency of trial
The decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of Cr.P.C. based on the period of detention, absence of the accused's possession of the incr....
The court's decision to grant bail was influenced by the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
The court's decision to grant bail was based on the nature of allegations and evidence against the applicant, without commenting on the merits of the matter.
The delay in lodging the FIR and the age of the prosecutrix at the time of the incident were crucial factors in the court's decision to grant bail to the applicant.
The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.
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