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G. S. AHLUWALIA
Ram Lakhan @ Lakhan Ojha – Appellant
Versus
State of Madhya Pradesh – Respondent
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 an
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.
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