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SATYENDRA KUMAR SINGH
Yasin Lala – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is first bail application filed by the applicant - Yasin Lala S/o Yusuf Lala under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.812/2021 registered at Police-Station - Mahakal, District - Ujjain (MP) for the offence punishable under Section 307, 294/34 of Indian Penal Code, 1860 along with Section 25 and 27 of arms act, 1959 and the applicant is in custody since 26.01.2022.
The prosecution story in short is that on 24.11.2021 at about 8:30 pm, co-accused persons namely; Shadab, Chand and Imran abused and assaulted Imtiyaz (complainant), co-accused Shadab gave gun shot injury from his country made pistol to complainant Imtiyaz on his stomach due to which he sustained grievous injuries. It is alleged that country made pistol was provided to co-accused Shadab by present applicant.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the aforesaid offence. He further submits that except the memorandum statement of co-accused Shadab, there is nothing available on record to connect the applicant with the aforementioned crime.
Nothing has been seized fr
The decision emphasizes the importance of evidence connecting the accused to the crime, the right to bail, and the consideration of trial duration and public health concerns in granting bail.
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.
The court may grant bail to an applicant based on the nature of the accusation and the lack of criminal antecedents, without commenting on the merits of the case.
The court's decision was influenced by the nature of the alleged offences, the length of time the accused has been in custody, and the fact that the alleged offences are triable by Judicial Magistrat....
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Grant of bail based on absence of applicant's name in FIR, lack of criminal antecedents, and pendency of trial
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