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G. S. AHLUWALIA
Monti Alias Prashant Jain – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 11.01.2022 in connection with Crime No.36/2022 registered by Police Station Janakganj Distt. Gwalior for offence punishable under Section 49-a of M.P. Excise act.
It is submitted by the counsel for the applicant that according to the prosecution case, 5 litres of country made liquor has been seized from the possession of the applicant and according to prosecution, the same is unfit for human consumption. It is submitted that although the applicant has a criminal history, but no offence under NDPS or MP Excise act was ever registered against him. In view of criminal antecedents, he is ready and willing to abide by any stringent condition which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is opposed by the counsel for the respondent/State. It is submitted that investigation is still pending and FSL report has not been received. It is further submitted that applicant has a criminal history and
The court may grant bail under Section 439 of Cr.P.C. based on the absence of heinous offences in the applicant's criminal history and the likelihood of a lengthy trial, while imposing specific condi....
The court considered the absence of the FSL report, lack of criminal history, and the likelihood of a lengthy trial in granting bail to the applicant.
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court has the discretion to grant bail on stringent conditions, taking into account the period of detention, the circumstances of the case, and the lack of improvement in the applicant's life.
Granting bail under stringent conditions based on the nature of the offences and the applicant's criminal antecedents to ensure appearance before the trial court.
Grant of bail under Section 439 of Cr.P.C. considering the period of detention, criminal history of the applicant, and readiness to furnish cash surety.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
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