Back
SATYENDRA KUMAR SINGH
Rambilas – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.899/2021, registered at Police Station Kishanganj, Dr.ambedkar Nagar, District Indore (M.P.) for commission of offence punishable under Section(s) 304 of IPC.
Prosecution story, in brief, is that on 10.12.2021 a quarrel took place between the applicant and his brother Pooran. It is alleged against the applicant that he in a drunken state drove his vehicle truck bearing registration No.GJ-06-aV-6315 negligently, due to which deceased came under left frontal tyre and died.
Learned counsel for the applicant submits that at the time of incident his brother deceased Pooran was in a drunken state and was coming alongwith deadly weapon Tommy to assault the applicant and applicant in his right to private defence tried to move from the spot with the truck, during which deceased came under his left frontal tyre. applicant did not commit any act intentionally. He was not aware about the fact that his brother was near his truck. He is in custody since 22.12.2021. Trial will take time for its conclusion. Hence, pray
The court considered the circumstances and the relationship between the applicant and the deceased in granting bail, without commenting on the merits of the case.
The court established that in bail applications, the intent and circumstances surrounding the alleged crime are critical factors in determining whether to grant bail.
The key legal principle established is that bail may be granted based on the circumstances of false implication and the lengthy trial process.
The court considered the specific circumstances of the case, including the sudden nature of the incident and the extent of the applicant's involvement, in granting bail.
Grant of bail based on the facts and circumstances of the case, 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
