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SATYENDRA KUMAR SINGH
Lakhan S/o Nathuji – Appellant
Versus
State of Madhya Pradesh Station – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 11.12.2021 in connection with Crime No.703/2021 registered at Police Station Khacrod District Ujjain (M.P.) for commission of offence punishable under Sections 457 and 380 of IPC.
Prosecution story, in brief is that in the intervening night of 14th-15th October, 2021, applicant alongwith co-accused Karan entered into the house of the complainant- Suneel and stolen an amount of Rs.5,000/- cash alongwith silver ornaments from his possession. It is also alleged that at that time applicant alongwith other co-accused person also entered into the house of the Radhesyam and stolen an amount of Rs.10,000/- cash from his possession.
Learned counsel for the applicants submits that applicant has been falsely implicated in the matter only because other criminal cases for the similar type of offence have been registered against him wherein he has been enlarged on bail. He is in custody since 11.12.2021. Charge-sheet has been filed. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for gran
The nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
The decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
The court granted bail to the applicant based on the ground of parity with a co-accused who had already been enlarged on bail, considering the circumstances of the seizure of the stolen vehicle.
The court may grant bail under Section 439 of Cr.P.C considering the period of custody and the circumstances of the applicant's non-appearance, without commenting on the merits of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, considering the duration of custody and the applicant's role as the sole bread earner of his family.
The court considered the length of detention, likelihood of a lengthy trial, absence of possibility of absconding or tampering with the prosecution case, and the directive from the Supreme Court in a....
Grant of bail based on absence of applicant's name in FIR, lack of criminal antecedents, and pendency of trial
The delay in lodging the FIR and the age of the prosecutrix at the time of the incident were crucial factors in the court's decision to grant bail to the applicant.
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.
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