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SATYENDRA KUMAR SINGH
Mukamsingh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is first bail application filed by the applicants namely; applicant No.1 Mukamsingh S/o Gulab Dawar and applicant No.3 Bansingh S/o Suku Dawar under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.419/2021 registered at Police-Station - amjhera, District - Dhar (MP) for the offence punishable under Section 379 of Indian Penal Code, 1860 and the applicant is in custody since 24.09.2021.
The prosecution story in brief is that on 03.09.2021 at about 7:15 pm, the applicants along with co-accused Mukesh S/o Jaharsingh took the mobile phone, gold mangalsutra, earring tops, silver rings and payal from the possession of complainant as well as of his wife without their permission and stolen the same.
Learned counsel for the applicants submits that nothing has been seized from the possession of present applicants.
During TIP applicants were not identified by the complainant. applicants have been falsely implicated in the aforesaid crime. The applicants are in custody since 24.09.2021 and the conclusion of trial would take considerably long time. Hence, prayer is made to enlarge the applicants on bail.
Per cont
The decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
The nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
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 main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
The court considered the length of detention, likelihood of a lengthy trial, absence of possibility of absconding or tampering with the prosecution case, and the directive from the Supreme Court in a....
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the duration of custody and the applicant's role as the sole bread earner of his family.
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 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.
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