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ANIL VERMA
Kripalsingh – Appellant
Versus
State of Madhya Pradesh Station – Respondent
JUDGMENT
anil Verma, J. - applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in Jail since 30/01/2021 in connection with Crime No. 30/2021 registered at P.S Balakwada Distt. Khargone (M.P.) for commission of offence punishable under Sections 25/27 of arms act.
As per prosecution story, on 13.01.2020, police has received secret information regarding some unknown persons having arms. acting upon the said information, police reached the spot, intercepted motorcycles bearing registration numbers MP 46 MK 0131 and MP 10 ND 1280 and searched the accused persons and recovered seven country made pistols and two live rounds from Gurupreet Singh, two pistols from Kripal Singh (present applicant) two pistols from Ritu alias Ritendra Singh and four pistols from bag in the hands of Jagdish alias Jaggu. accordingly offence has been registered against the present applicant and other co-accused persons.
Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. No further custodial investigation is required. There is no prima facie evidence against him. Investigation is over and charge
The court considered the nature of the allegation, the length of time the applicant had been in custody, and the possibility of delay in the conclusion of the trial in granting bail to the applicant.
The court may grant bail based on the nature and gravity of the allegations, the period of detention, and the bail granted to co-accused in similar circumstances.
Grant of bail based on lack of evidence, nature of offence, and parity with co-accused
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's decision to grant bail was based on the nature and gravity of the offense, the absence of bone injury sustained by the victim, the existence of a cross case against the complainant party,....
The lack of identification of the accused by the complainant and injured party, along with other facts and circumstances of the case, can be considered in granting bail.
The court ruled that mere pendency of multiple criminal cases cannot be the sole basis for denial of bail, emphasizing that the purpose of bail is to ensure the accused's presence during trial.
The court may grant bail based on the lack of criminal antecedent, the period of custody, and the ground of parity with co-accused, considering the possibility of delay in the conclusion of the trial....
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