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ANIL VERMA
Ashok Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - This is a First application under Section 439 of the Code of Criminal Procedure, 1973. The applicants are in Jail since 25.11.2021 in connection with Crime No.622/2021 registered at Police Station Kanvan, District Indore for commission of offence punishable under Sections 147, 148, 149, 294, 323, 327 an 506 of IPC and Sections 25(1) and 27 of the arms act.
2. as per prosecution story, on 25.11.2021 when the complainant Rajesh was sitting at his Dhaba situated on Mhow- Neemuch Road, at about 2:45 in the night, two cars stopped at his Dhaba and from the said two car 7 persons stepped down. Out of those 7 persons, two were having guns in their hands. The said persons took tea and snacks. When the said persons were requested to make payment for the said tea and snacks, they started abusing with filthy languages and one of the miscreants called the two others of them as ashok and Rajusingh and told them to identify himself, upon which, the said two persons told the complainant that he was Brijpal Singh Tomar from U.P. and is a big goon. The servant of the complainant namely Rahul came to intervene, but the said Brijpal Singh slapped him and threatened the complai
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.
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....
The court may grant bail based on the nature and gravity of the offence, completion of investigation, filing of charge-sheet, and the likelihood of a long trial duration.
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'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 main legal point established in the judgment is that the decision to grant bail was based on the lack of evidence connecting the accused to the alleged offence, non-identification by the victim d....
The court considered the nature and gravity of the offence, the delay in FIR, and the time spent by the applicant in jail in granting bail.
Granting bail based on the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
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