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RAJEEV KUMAR DUBEY
Rahul @ Sunil Singh – Appellant
Versus
State of Madhya Pradesh Through Police Station – Respondent
JUDGMENT
Rajeev Kumar Dubey, J. - Heard with the aid of case diary.
This is the first application under Section 439 of the Cr.P.C. for grant of bail. applicant Rahul @ Sunil Singh was arrested on 07.12.2021 in connection with Crime No.1506/2021 registered at Police Station Kolgawan, District Satna for the offence punishable under Sections 34(2), 49a, 42 of Excise act, 1915 and Section 420, 467, 468 & 471 R/W 34 of IPC.
as per prosecution case, on 06/12/2021 on the information of informant that co-accused Shivam Vishwakarma, Sandeep Saket and Ranjeet Kushwaha who resides in the house of Ravendra Prasad Raikwar located at Housing Board Colony in front of Medical College on rent kept huge amount of English liquor for illegal sale in the house, on that Dashrath Singh Baghel, Sub-Inspector, Police Station Civil Lines, District Satna along with other members of the police force went to the spot, on seeing him co-accused Ranjeet Kushwaha fled away from the spot and police arrested co-accused Shivam Vishwakarma and Sandeep Saket and seized 2070 bulk liter of English liquor from their possession which was illegally kept by them in that house and also sized two motorcycle and three touch screen
Confessional statements to the police cannot be accepted as legal evidence against the accused in the absence of any other incriminating piece of evidence.
Grant of bail based on lack of legal evidence connecting the accused to the offence and the prolonged trial process.
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.
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
The court may grant bail considering the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
The court's decision to grant bail was based on the nature of allegations and evidence against the applicant, without commenting on the merits of the matter.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
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