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ROHIT ARYA
Bhupendra – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Rohit arya, J. - This is second bail application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No. 494 of 2021 registered at Police Station Chachoda, District Guna for the offence punishable under Section 34 (2) and 49-a of M.P. Excise act.
as per the prosecution story, the applicant is found to be in possession of 60 bulk liters of country made liquor without having any license. accordingly, the case has been registered.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. The applicant is no more required for custodial interrogation. The applicant has already suffered incarceration since 8.12.2021. Hence, prayed for bail.
Per contra, counsel appearing for the State has opposed the prayer supporting the impugned order. The applicant has four criminal antecedents including the present case.
Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the applicant is in jail since 8.12.2021, the applicant is not required for custodial investigation and due to Covid-19 pandemic, the possibility of delay in conclusion of trial cannot b
Prolonged custody and likelihood of trial delay can be grounds for granting bail, with the imposition of stringent conditions to ensure compliance.
Prolonged custody and likelihood of trial delay can be grounds for granting bail, with stringent conditions to ensure compliance.
The court's decision to grant bail was influenced by the absence of seizure from the applicant's possession and the open place of seizure, without commenting on the merits of the case.
The court's decision to grant bail was based on the nature of allegations and evidence against the applicant, without commenting on the merits of the matter.
The court may grant bail considering the absence of seized items, the defendant's criminal record, and the likelihood of a lengthy trial.
The absence of the applicant's name in the FIR or memo of co-accused persons, lack of criminal antecedents, his age, and the potential delay in trial due to the Covid-19 pandemic were considered as g....
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
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