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G. S. AHLUWALIA
Sobran – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
G.S. Ahluwalia, J. - This first application under Section 439 of Cr.P.C. has been filed for grant of bail.
2. The applicant has been arrested on 6.12.2021 in connection with Crime No.295/2021 registered at Police Station Khaniyadhana, District Shivpuri for offence under Sections 307, 294, 147, 148 of IPC.
3. It is submitted by the counsel for the applicant that according to the prosecution case, the complainant who is an employee of a Contractor was on patrolling in the dam. It was found that some thieves were illegally fishing in the dam and when they were asked not to do so, then the applicant as well as other co-accused persons jumped on to the steamer of the complainant and after assaulting them, threw them in the dam. It is submitted that except Vinod no other person had suffered any external injury. The applicant is in jail for the last about 28 days. In view of the criminal antecedents of the applicant, he is ready and willing to abide by any stringent condition, which may be imposed by this Court and the applicant also undertakes to stay away from the dam and would not involve himself in the theft of fishes. This Court has granted bail to the co-accused Brajesh and Ga
The court may grant bail considering the nature of allegations and period of detention, without commenting on the merits of the case.
The court may grant bail considering the nature of allegations and period of detention, without commenting on the merits of the case.
The court's decision to grant bail was influenced by the nature of allegations and the period of detention, without expressing any opinion on the merits of the case.
Grant of bail based on lack of legal evidence connecting the applicant to the offence and the specific circumstances of the case.
The court's decision to grant bail was based on the facts and circumstances of the case, the absence of evidence implicating the applicant, and the reference to the judgment of the Supreme Court rega....
The court considered the duration of pre-trial incarceration, the nature of the allegations, and the absence of comments on the merits of the case in granting bail.
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.
The decision to grant bail was influenced by the absence of a fracture in the victim's leg and the lack of criminal history for the applicant, indicating a lower risk of absconding or tampering with ....
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
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