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ANIL VERMA
Anshul – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - Heard learned counsel for the parties and perused the case-diary.
2. 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 02.02.2023 in connection with Crime No.33/2023 registered at Police Station Tilak Nagar, District Indore (M.P.) for commission of offence punishable under Section 307, 323, 294, 506 & 34 of the Indian Penal Code, 1860.
3. As per the prosecution story, on 23.01.2023 complainant lodged a report that on that day at about 11.00 pm, he was returning back to his house after closing his panipuri tela and when he reached near Pipliiyahana Kankad, at that time present applicant Anshul @ Baarik along with co-accused Saahil & Rahul Chappri and other companions came there and enquired him about their money on being refused by the complainant, they started abusing with filthy language. When the complainant stopped them, then the applicant assaulted with wooden stick, other co-accused persons assaulted by kicks and fists. On hearing the noise, complainant's mother Avanti Giri came there for intervention, thereafter the accused pe
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 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's decision to grant bail was based on the nature and gravity of the offense, the absence of bone injury sustained by the victim, the existence of a cross case against the complainant party,....
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 nature and gravity of the allegations, the period of detention, and the bail granted to co-accused in similar circumstances.
The court considered the nature and gravity of the allegation, the period of custody, the progress of the investigation, and the applicant's personal circumstances in deciding to grant bail.
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.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
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