VIJAY KUMAR SHUKLA
Sintu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant who is in jail since 13.11.2021 in connection with Crime No.1414/2021 registered at Police Station Lasudiya, Indore for the offence punishable under Sections 356, 379 and 392 of IPC.
Learned counsel for applicant submits that nothing has been recovered from the possession of applicant. It is stated that snatched chain has been recovered from the possession of co-accused Krishna. It is further submitted that applicant is in jail since 13.11.2021. Investigation is over and chargesheet has been filed. In these circumstances the applicant be released on bail.
Learned Panel Lawyer opposed the application by submitting that as p er memorandum under section 27 of Evidence act, it is admitted that applicant was part of the group of persons who were involved in chain snatching.
However, taking into consideration that there was no seizure from the applicant and investigation has already been completed, I am of the opinion that applicant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directe
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.
Granting bail based on completion of investigation and filing of chargesheet, along with consideration of the circumstances of the case.
The court considered the prosecutrix's statement and age in granting bail, without expressing any view on the merits of the case.
The completion of the investigation, filing of the charge sheet, and lack of requirement for further custodial interrogation are grounds for granting bail.
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