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IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Anuj Soni – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No.5952 of 2022
Decided On : 07-02-2022
Bail - Criminal Procedure - The court granted bail to the applicant under Section 439 of the Code of Criminal Procedure, 1973, considering the lack of Test Identification Parade and the fact that the applicant was made an accused based on the memorandum of a co-accused.
Fact of the Case:
The applicant filed for bail under Section 439 of the Cr.P.C, stating innocence and false implication. The applicant was in custody for offenses under the IPC and arms act.
Finding of the Court:
The court granted bail to the applicant, considering the lack of Test Identification Parade, the basis of the applicant's accusation, and the absence of evidence regarding the severity of the injury.
Issues: Grant of bail under Section 439 of the Cr.P.C, lack of Test Identification Parade, and the basis of the applicant's accusation.
Ratio Decidendi: The lack of Test Identification Parade and the basis of the applicant's accusation were key factors in granting bail.
Final Decision: The court allowed the application and directed the release of the applicant on bail with specified conditions.
JUDGMENT
Vivek agarwal, J. - This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 (for brevity "Cr.P.C") for grant of bail to the applicant, who is in custody since 9.12.2021 in connection with Crime No.502/2021 registered at Police Station Sanjivani Nagar, District Jabalpur for the offence punishable under Sections 307, 341, 506, 34 of the Indian Penal Code 1860 (for brevity "I.P.C") and Section 25/27 of the arms act.
Learned counsel for the applicant submits that applicant is innocent. He has been falsely implicated in this case. applicant's name is not mentioned in the F.I.R. He has been made an accused on the basis of memorandum of co-accused Faijan, who has been enlarge on bail. He is in custody since 9.12.2021 but no Test Identification
Parade is carried out. Hence, prayer is made to enlarge the applicant on bail.
Learned Panel Lawyer for the non-applicant/State opposes the application but, however, she admits that there are no documents of Test Identification Parade in her case diary and there is no report to show that the injury was grievous in nature.
After hearing counsel for the parties and considering other facts & circumstances of the case and keeping in view the fact that the applicant has been made an accused on the basis of the memorandum of co-accused, he is in custody since 9.12.2021 but no Test Identification Parade has been carried out so also on the ground of parity, this Court is of the considered opinion that it is a fit case for grant of bail to the applicant. Hence, without commenting anything on merits of the matter, this application is allowed.
It is directed that applicant anuj Soni S/o.Sudhir Soni shall be released on bail on his furnishing a personal bond in sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount each to the satisfaction of the Trial Court to appear before the Court on the dates given by the concerned Court during pendency of trial. It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr. P. C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
In view of the outbreak of new mutant Omicron of COVID-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.
Certified copy as per rules.
The lack of Test Identification Parade and the basis of the applicant's accusation influenced the court's decision to grant bail.
The main legal point established in the judgment is the court's discretion to grant bail based on the completion of investigation, the time trial would take, and the lack of requirement for custodial....
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
The court established that bail can be granted based on the totality of circumstances, including the duration of custody and precedents in similar cases, without delving into the merits of the case.
The court considered the circumstances, including the absence of grievous injuries and the compromise between the parties, in granting bail to the petitioner.
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 court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
Granting bail based on the precedent of a similar case without expressing any opinion on the merits/demerits of the case.
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.
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