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RAJEEV KUMAR DUBEY
Vinod Kumar Namdev – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rajeev Kumar Dubey, J. - This is the second application under Section 439 of the Cr.P.C. for grant of bail. applicant Vinod Kumar Nemdev was arrested on 17/1/2022 in connection with Crime No.705/2020 registered at Police Station Waidhan, District Singrouli (MP) for the offence punishable under Sections 399, 402 of the IPC and Section 25(1)(B) of the arms act..
It appears from the record that the applicant is facing trial in S.T.No.53/2020 pending before Fifth additional Sessions Judge, Waidhan, District-Singrouli (MP) for the offence punishable under Sections 399, 402 of the IPC and Section 25(1)(B) of the arms act. Earlier, the coordinate Bench of this Court granted bail to the applicant vide order dated 09/12/2020 passed in M.Cr.C. No.44640/2020 but during trial of the case on 15/3/2021 applicant did not appear before the trial Court, so the learned trial Court forfeited the bail bond of applicant and issued arrest warrant against him for securing his presence before the Court. Thereafter, applicant surrendered before the trial Court on 17/1/2022 . On that, learned trial Court sent him into judicial custody and since then the applicant is in judicial custody. Thereafter, a
Granting bail based on the applicant's custody since the date of arrest and the likelihood that he would not hinder the trial.
The court has the discretion to grant bail based on the nature and gravity of the offence, along with considering the facts & circumstances of the case.
The decision to grant bail was based on the likelihood of a long trial duration and the lack of support from material witnesses, as per Section 439 of Cr.P.C.
The court has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The court's decision was influenced by the lack of support from prosecution witnesses and the nature of allegations in allowing the bail application under Section 439 of the Cr.P.C.
The court may grant bail based on factors such as the status of co-accused and the expected duration of the trial, without commenting on the merits of the case.
The court has the discretion to grant bail based on the nature and gravity of the offence, the arguments presented, and the circumstances of the case.
Granting bail based on concerns over alleged false recovery and lengthy trial process under N.D.P.S. act
The court has the discretion to grant bail to the accused petitioner under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
The court's decision to grant bail was based on the consideration of the facts and circumstances of the case, without expressing any opinion on the merits/demerits of the case.
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