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G. S. AHLUWALIA
Betail Singh – 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.100/2008 registered at Police Station Joura, District Morena for offence under Sections 304-a, 279, 337, 338 of IPC.
It is submitted by Counsel for the applicant that it is a case of bail jump. The applicant was facing trial for offence under Sections 304-a, 279, 337, 338 of IPC. It is submitted that applicant is ready and willing to abide by any stringent condition which may be imposed and in order to show his bonafide, he is ready and willing to contribute for fighting against COVID-19 pandemic as well as he is also ready and willing to deposit cost apart from any other stringent condition which may be imposed against him.
Per contra, the application is vehemently opposed by Counsel for the State.
The charge-sheet was filed on 30.04.2008 and the applicant was released on bail. However, on 15.02.2010, he did not appear, and accordingly, his bail bonds were canceled and arrest warrant was issued and on 11.12.2010, he was declared absconding. On 29.04.2011, the applicant surrendered and accordingly, h
Granting bail on stringent conditions to prevent delay in trial and ensure the applicant's accountability.
The court has the discretion to grant bail under Section 439 of Cr.P.C. based on the facts and circumstances of the case, without commenting on the merits of the case.
The court may grant bail considering the period of detention and the likelihood of a lengthy trial, without commenting on the merits of the case.
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
The court has the discretion to grant bail under Section 439 Cr.P.C, considering the circumstances of the case and imposing necessary conditions to ensure the presence of the applicant during trial.
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