Back
RAJEEV KUMAR DUBEY
Jatin Soni – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Dubey, J. - This is the first application under Section 439 of the Cr.P.C. for grant o f bail. applicant Jatin Soni @ Bholu was arrested on 30/10/2021 in connection with Crime No.327/2021 registered at Police Station Jaithri, Distt. anuppur for the offence punishable under Sections 394, 395, 120-B, 201, 109, 114, 427 of the IPC.
As per the prosecution case, on 28/10/2021, complainant Gaurav Jain lodged a report at PS Jaithari, Distt. anuppur averring that he lives in Cinema Road Budhar and works as a jeweller, Ravi Kumar Mishra works at his house and Hiralal @ Monu Mehra is his driver. He was going from Raipur to Budhar in his car, on the way around 13:50 pm, when he reached near Kadamsara Rani Talab temple, a white coloured Scorpio car came from behind without number plate and the driver of the Scorpio Vehicle dashed against his car, on which his driver Hiralal parked his car, then the driver of the Scorpio Vehicle parked his vehicle in front of his car. Four miscreants who covered their faces with cloth got down from the Scorpio vehicle, one of them broke the glass of the car with a stick and they assaulted driver Hiralal. They abused him and looted his purse
The decision emphasizes the importance of direct evidence and the absence of incriminating factors in considering bail applications in criminal cases.
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 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.
Confessional statements to the police cannot be accepted as legal evidence against the accused in the absence of any other incriminating piece of evidence.
The length of custody, filing of charge-sheet, and the likelihood of a prolonged trial are relevant factors in considering a bail application.
Granting bail based on the applicant's custody since the date of arrest and the likelihood that he would not hinder the trial.
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 nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
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.
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
