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ROHIT ARYA
Damodar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rohit arya, J. - This is second repeat bail application under Section 439 Cr.P.C. filed on behalf of the applicant. His first bail application was dismissed as withdrawn vide order dt.14.12.2021 passed in M.Cr.C. No.61136/2021 with liberty to revive the prayer after three weeks.
2. The applicant is in custody since 27.11.2021 in connection with Crime No.351/2020 registered at P.S. Morar, District Gwalior (M.P.) for the offences punishable under Sections 394, 411 IPC and 11/13 of MPDVPK act.
3. As per prosecution story, when the complainant was coming back home, after duty at Hurawali Power Station, on his motorcycle bearing number MP-07/MX-6379 Bajaj CT 100 on 08.07.2020, in route via national highway near Ganesh Dhabha co-accused persons Harendra, Pavan Jatav and Ramnaresh Pal, riding on a motorcyle, intercepted him. They caught hold of him, hit with fists and kicks and looted his mobile and Rs.3,000/-. During the course of investigation, it has come on surface that the mobile phone bearing SIM No.6265154950 (JIO) and SIM No.7697908579 (airTel) has been recovered from the present applicant who is the uncle of co-accused Harendra. accordingly, the case has been registered.
4.
The absence of the applicant's name in the FIR or memo of co-accused persons, lack of criminal antecedents, his age, and the potential delay in trial due to the Covid-19 pandemic were considered as g....
The court considered the prolonged custody and the possibility of delay in trial conclusion as grounds for granting bail with stringent conditions.
The court may grant bail with stringent conditions based on the prolonged custody of the applicant and the possibility of delay in the conclusion of the trial.
The court may grant bail under Section 439 of the Criminal Procedure Code, 1973, considering prolonged custody and the likelihood of delay in the conclusion of the trial, imposing stringent condition....
Prolonged custody and the likelihood of delay in the conclusion of the trial can be grounds for granting bail under Section 439 of the Criminal Procedure Code, 1973.
The court may grant bail based on the duration of custody and the likelihood of trial delay, while imposing stringent conditions to ensure compliance.
The court considered the delay in lodging the FIR, the nature of the relationship between the applicant and the prosecutrix, and the absence of criminal antecedents of the applicant in granting bail ....
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