Back
VIJAY KUMAR SHUKLA
Rahul – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - These are first applications under Section 439 of the Cr.P.C. filed on behalf of the applicants in connection with Crime No.52/2021 registered at Police Station Excise Department, Ratlam (M.P.) under Sections 34(2) of the Excise act.
It is alleged that the 180 litres of liquor has been seized from the car. It is further alleged that the present applicants were also traveling in the said car and fled from the car, when the police reached on the spot.
Learned counsels for the applicants submit that the applicants were not aware that the liquor was being transported in the said vehicle. It is further submitted that the charge sheet has been filed and there are no criminal record of the applicants.
Learned counsel for the respondent/state opposed the prayer.
However, he submits that there are no criminal record of the applicants.
Considering the aforesaid and the fact that the charge sheet has been filed and the applicants have no criminal record , I find prima facie case is made out for grant of bail. Therefore, without expressing any view on the merits of the case, the applications are allowed.
It is directed that applicants- Rahul S/o Hemant Sharma and Jit
The absence of criminal records, filing of the charge sheet, and prima facie case for bail influenced the court's decision to grant bail to the applicants.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The completion of investigation, filing of chargesheet, lack of criminal antecedents, and absence of FSL report on the spurious liquor were crucial in granting bail to the applicant.
The decision emphasized the importance of evidence and the absence of a criminal record in granting bail under the M.P. Excise Act.
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
The completion of the investigation, filing of the charge sheet, and lack of requirement for further custodial interrogation are grounds for granting bail.
The main legal point established in the judgment is that the grant of bail under Section 439 of the Criminal Procedure Code, 1973, can be influenced by factors such as lack of criminal antecedents, a....
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 central legal point established in the judgment is the requirement of legal evidence to connect an accused with an alleged offence under the M.P. Excise Act, influencing the court's decision to g....
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
