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VIJAY KUMAR SHUKLA
Ravi – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is first application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.708/2021 registered at Police Station Kanadia, Indore (M.P.) under Section 34(2) of the M.P. Excise act.
It is alleged that applicant and co-accused were travelling in a car which was carrying 117 liters of illicit liquor. From the possession of applicant, car has been seized and from the co-accused, 9 liters illicit liquor has been seized.
Counsel for the applicant submits that applicant is in jail since 23.11.2021. He has no criminal antecedents. Investigation is complete and chargesheet has been filed. In these circumstances, the applicant be released on bail.
Learned counsel for State opposes the bail application.
Taking into consideration the aforesaid submission and the fact that investigation has already been completed and chargesheet has been filed and applicant has no criminal antecedents, I am of the view that applicant is entitled for bail. Therefore, without expressing any view on the merits of the case, the application is allowed.
It is directed that applicant- Ravi shall be released from custody upon furnishing a personal
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
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, 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 lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
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.
Search and Seizer of illicit wine/liquor - Grant of bail - Having no criminal history.
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