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G. S. AHLUWALIA
Dinesh Rayakwar – 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 09.10.2021 in connection with Crime No.66/2020 registered by Police Station - Bhander, District Datia for offence punishable under Sections 392 of IPC and Section 11/13 of MPDVPK act.
It is submitted by Counsel for the applicant that according to the prosecution case, three unknown persons took away the tractor of complainant after offering some soft drink mixed with narcotic substance. The applicant is in jail from 09.10.2021. The tractor has been seized from the co-accused and according to the prosecution case, only the document pertaining to the registration of tractor has been seized from the possession of applicant. In view of the criminal antecedent, applicant is ready and willing to abide by any stringent condition which may be imposed by the Court. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.
Per contra, the application is opposed by Counsel for the State.
It is submitted that the RC book of the tractor has been seized from the possession of ap
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 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 may grant bail under Section 439 of Cr.P.C considering the period of custody and the circumstances of the applicant's non-appearance, without commenting on the merits of the case.
Granting bail under stringent conditions based on the period of detention and criminal history, in accordance with the judgment of the Supreme Court.
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.
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 of Cr.P.C. based on the facts and circumstances of the case, without commenting on the merits of the case.
The court granted bail to the applicant based on the ground of parity with a co-accused who had already been enlarged on bail, considering the circumstances of the seizure of the stolen vehicle.
Granting bail on stringent conditions to prevent delay in trial and ensure the applicant's accountability.
The court considered the nature of allegations, period of detention, and the absence of heinous offenses in the applicant's criminal history in allowing the bail application.
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