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ANIL VERMA
Sitaram – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 30/12/2022 in connection with Crime No.315/2022 FIR dated 29.12.2022 registered at Police Station Central Kothwali, District Indore (M.P.) for commission of offence punishable under Sections 392, 34 of the Indian Penal Code, 1860.
2. As per the prosecution story, complainant Lalta Prasad Shukla lodged a report at police station Central Kothwali by stating that he is working as an accountant in Vinayak Transport Company, Patidar Transport Company, on 28.12.2022 at about 10.00 pm, he was returning back home by black colour Activa and while he was nearing Siyaganj Main road, three unknown persons, covering their face with cloth came on a black colour motorcycle, the third person on the motorcycle snatched his bag containing Rs.20,000/-, visiting cards, spectacles and a small diary and fled away from the spot. On the said report, offence has been registered against the accused persons. During investigation Rs.10,000/- cash, a bag and a laptop was recovered from the present applicant.
3.
The main legal point established in the judgment is that the decision to grant bail was based on the lack of evidence connecting the accused to the alleged offence, non-identification by the victim d....
The court may grant bail based on the lack of criminal antecedent, the period of custody, and the ground of parity with co-accused, considering the possibility of delay in the conclusion of the trial....
The court may grant bail based on the nature and gravity of the offence, completion of investigation, filing of charge-sheet, and the likelihood of a long trial duration.
The lack of corroboration of the injury attributed to the applicant and the completion of the investigation with the filing of the charge-sheet influenced the court's decision to grant bail.
The court may grant bail based on the nature and gravity of the allegations, the period of detention, and the bail granted to co-accused in similar circumstances.
Bail is the rule and committal to jail is an exception, and the purpose of keeping the accused in detention during the trial is to secure attendance, not punishment.
Granting bail based on the lack of legal evidence connecting the applicant to the offence, the lengthy trial process, and the nature of the offence.
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