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ANIL VERMA
Narendra – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is in jail since 27.5.2022 in connection with Crime No.18/2022 registered at P.S. - Kalukheda, Ratlam (M.P.) for commission of offence punishable under Section 420, 406/34 of IPC.
2. As per the prosecution story, on 4.1.2022 complainants lodged the written report at the police station by stating that the applicant Narendra Singh and co-accused Kailash have taken the tractor from the complainants for rental basis, but for last two years they have not paid the rent amount and also not returned the tractor to the complainant. On that basis police registered the complaint. During investigation the police arrested the co-accused persons and recovered the tractor, which is involved in the crime. On the basis of memorandum given by co- ccused under Section 27 of the Evidence Act the present applicant has been implicated in this offence.
3. Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offenc
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 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.
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 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.
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.
Bail is a right and should be granted unless there are compelling reasons to deny it, with the primary purpose of detention being to secure the accused's attendance at trial.
The court may grant bail based on the nature of the allegation, the role of the accused, the absence of a criminal past, and the expected duration of the trial process.
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