Back
RAJEEV KUMAR SHRIVASTAVA
Balishtar Alias Balkatar Gurjar – Appellant
Versus
State of Madhya Pradesh Station – Respondent
JUDGMENT
Rajeev Kumar Shrivastava, J. - This is first application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 17/6/2021 in connection with Crime No.05/2020 registered at Police Station Sumavali, District Morena for offence under Sections 384, 336, 395, 212, 216, 450 and 398 of IPC, Section 11/13 of MPDVPK act and Section 25/27 of arms act.
It is submitted by learned counsel for applicant Balishtar @ Balkatar Gurjar that the applicant has been falsely implicated. He has not committed any offence. He is in custody since last almost eight months. Now, investigation is complete and charge-sheet has been filed. There is no requirement of further custodial interrogation of the present applicant. Trial will take long time to conclude. It is further submitted that co-accused Karua @ Ramraj Gurjar has already been granted bail by this Court by order dated 23/2/2021 passed in MCRC No.8638/2021 and case of the present applicant is also on the same footings. Hence, prayed for grant of bail to the applicant.
Per contra, learned State counsel opposed the bail application and has submitted that case of the present applicant is not on the same footings as of co-acc
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.
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.
Granting bail based on concerns over alleged false recovery and lengthy trial process under N.D.P.S. act
The court has the discretion to grant bail under Section 439 of CrPC, considering the circumstances and without commenting on the merits of the case.
The court has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
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.
The completion of investigation, filing of charge-sheet, and the undertaking of the applicant to cooperate in the trial are key factors in considering a bail application.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
Granting bail based on the applicant's custody since the date of arrest and the likelihood that he would not hinder the trial.
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
