Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
G.S. Ahluwalia, J.
Ram Lakhan @ Lakhan Ojha – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.8329 of 2022
Decided On : 15-02-2022
Bail - Criminal Offences - The court granted bail to the applicant based on the lack of substantive evidence against the applicant, the likelihood of a lengthy trial, and the absence of a possibility of absconding or tampering with the prosecution case.
Fact of the Case:
The applicant filed a second application for bail after the first application was dismissed with liberty to revive the prayer after examination of the complainant. The applicant was arrested in connection with a criminal case and argued that there was no substantive evidence against him, and the trial was likely to take a long time.
Finding of the Court:
The court allowed the application for bail, considering the lack of substantive evidence against the applicant and the likelihood of a lengthy trial. The court also directed the Trial Court to address the question of prosecuting the complainant.
Issues: The issues involved the grant of bail to the applicant, the lack of substantive evidence, and the likelihood of a lengthy trial.
Ratio Decidendi: The court's decision was influenced by the lack of substantive evidence against the applicant, the likelihood of a lengthy trial, and the absence of a possibility of absconding or tampering with the prosecution case.
Final Decision: The court allowed the application for bail and directed the applicant to be released on bail on furnishing a personal bond, with the order remaining effective till the end of the trial.
JUDGMENT
G.S. ahluwalia, J. - This second application under Section 439 of Cr.P.C has been filed for grant of bail. The first application was dismissed by order dated 04.12.2021 passed in M.Cr.C. No.58974/2021 with liberty to revive the prayer after examination of the complainant.
The applicant has been arrested on 01.10.2021 in connection with Crime No.320/2021 registered by Police Station-Dharnawada, District Guna for offence punishable under Sections 323, 294, 324, 506, 34 & 326 of IPC.
It is submitted by Counsel for the applicant that while deciding the first bail application, a liberty was granted to revive the prayer after examination of the complainant. The complainant has been examined and he has turned hostile. at present, there is no substantive evidence against the applicant. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.
Per contra, the application is opposed by Counsel for the respondent/State. However, after going through the deposition sheet of the complainant, it is fairly conceded that the complainant has turned hostile. It is further submitted that applicant has a criminal history and two more criminal cases have been registered against him. It is further submitted that it appears that either the complainant had lodged the false report or he has deliberately not narrated the truth before the Court, therefore, he is liable to be prosecuted.
Heard the learned counsel for the parties.
So far as the question of prosecution of complainant is concerned, the same is left with the discretion of the Trial Court, and accordingly, it is directed that while deciding the trial, the Trial Court shall address to the question as to whether the complainant is required to be prosecuted or not.
Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.
In the light of the judgment passed by the Supreme Court in the case of aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.
Certified copy as per rule.
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
Lack of prosecution and interest by the applicant can lead to dismissal of a bail application.
The examination of the victim is a crucial factor in considering bail applications under Section 439 of Cr.P.C.
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.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
The court may grant bail under Section 439 Cr.P.C based on factors such as lack of criminal history and readiness to abide by specified conditions, without commenting on the merits of the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
