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VIJAY KUMAR SHUKLA
Pinturaj Singh – 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.26/2023 registered at Police Station - Makdon, district Ujjain (M.P.) under Sections 386, 387, 307, 323, 294, 506 and 34 of IPC.
2. As per prosecution case, on 14.2.2023 complainant Arjun lodged FIR that he runs a grocery shop at home. At about 5.00 p.m. Dhansingh and Bherusingh came at spot by car and they demanded Rs.5,000/-. When he denied, they started abusing in filthy language and Bherusingh caused gunshot fire at his father. Thereafter applicant along with other co-accused persons persons came at spot and started beating by kicks and fists.
3. Counsel for the applicant submits that as per prosecution story, there is no allegation of extortion against the present applicant and further the gun shot fire was done by Bherusingh. The only allegation against the applicant is that he had beaten the complainant with kicks and fists. Applicant is in jail since 12.02.2022 and conclusion of trial will take sufficient long time. In these circumstances, the applicant be released on bail.
4. Counsel for the State opposes the prayer for grant
The main legal point established in the judgment is the court's discretion to grant bail based on a prima facie case, the length of the trial process, and the potential risk of COVID-19 in prisons.
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 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 court considered the prolonged pre-trial incarceration, delay in trial, and the health condition of the applicant as grounds for granting bail, while also taking into account the non-cooperation ....
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
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 has the discretion to grant bail based on the facts and circumstances of the case, without commenting on the merits of the case.
The completion of the investigation, filing of the charge sheet, and lack of requirement for further custodial interrogation are grounds for granting bail.
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