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SATYENDRA KUMAR SINGH
Dilip – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is the first bail application filed under Section 439 of Cr.P.C. for grant of bail. The applicant is being implicated in Crime No.443/2021, registered at police station Kasrawad, district Khargone, for commission of offence punishable under Sections 379 of IPC.
The prosecution story in brief is that in the intervening night of 10-11.7.2021, the applicant along with other co-accused persons have stolen a vehicle Toofan bearing registration No. M.P.10-Ba-4609 belonging to the complainant Lalu Thakur from his possession.
Learned counsel for the applicant submits that it is alleged against the applicant that at his instance the aforesaid stolen vehicle was seized from the possession of the co-accused Thavriya. Place of seizure is an open place and the stolen property is said to be seized from the possession of co-accused. No case is made out against the applicant. He has been falsely implicated in the matter. Investigation is completed and charge-sheet has been filed. applicant is in custody since 8.10.2021. Trial will take time for its conclusion. Co-accused Thavriya has already been enlarged on bail vide order dated 6.1.2022, passed by this Cour
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 nature of the stolen property and the circumstances of the case are crucial factors in determining bail eligibility.
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 decision emphasized the importance of evidence and identification in determining bail eligibility in theft cases.
The main legal point established in the judgment is the court's discretion to grant bail under Section 439 of Cr.P.C. based on the period of detention, absence of the accused's possession of the incr....
The decision emphasizes that lack of direct involvement and completion of investigation can be grounds for granting bail, even in cases involving serious offences.
The decision emphasizes the importance of direct evidence and the absence of incriminating factors in considering bail applications in criminal cases.
The court may grant bail under Section 439 of Cr.P.C. considering the custody period and the status of co-accused, without adverting to the merits of the case.
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