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RAJENDRA KUMAR VERMA
Lakhan @ Lakhansingh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajendra Kumar Verma, J. - This is first application under section 439 of Cr.P.C. for grant of bail on behalf of the applicant, who is in custody since 04/01/2022 in connection with Crime No.681/21, registered at Police Station - Kanadiya, Indore, District - Indore (M.P.), for the offence punishable under section 34(2) of M.P. Excise act, 1915 and under Sections 482, 483 and 403 of IPC.
According to the prosecution case, 72 bulk liters of illicit liquor was seized from the possession of co-accused aslam Shaik. It is alleged that the present applicant has been implicated on the basis of memorandum of co-accused recorded under Section 27 of the Evidence act. On this basis, a case has been registered against the applicant.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. There is no legal evidence to connect the present applicant with the aforementioned offence. The present applicant is made accused only on the basis of memorandum of co-accused aslam Shaikh recorded under Section 27 of the Evidence act from whose possession the alleged liquor has been seized. The applicant is in custody since 04/01/2022. Charg
Grant of bail based on lack of legal evidence connecting the accused to the offence and the prolonged trial process.
The central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
The court applied the provisions of Section 439 of the Criminal Procedure Code, 1973, and considered the circumstances and arguments presented by the parties in allowing the application for bail unde....
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
The court's decision to grant bail was influenced by the amount of liquor seized and the period of custody already undergone by the applicant, without commenting on the merits of the case.
The court has the discretion to grant bail based on the facts and circumstances of the case, and the applicant's compliance with specific conditions.
The court's decision to grant bail was influenced by the amount of seized liquor and the period of custody undergone by the applicant, without commenting on the merits of the case.
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