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SUNITA YADAV
Bane Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Sunita Yadav, J. - The applicant has filed this First application u/S 439, Cr.P.C. for grant of bail.
2. The applicant has been arrested by Police Station Khaniyadhana, District Shivpuri in connection with crime No. 54/2023 registered for the offence punishable under Section 34 (1), 34 (2), 49-A of MP Excise Act.
3. Allegations against the applicant/accused, in short, are that the police from their apprehended the applicant along with co-accused and recovered joint possession 260 bulk litres of country made liqour, for which, the applicant was not having any valid license.
4. Learned counsel for the applicant argued that applicant is an innocent person and has been falsely implicated. He further argued that applicant is the only earning member of his family. The offence alleged is triable by Judicial Magistrate First Class. The applicant has been arrayed in the present case only on account of memorandum of co-accused Dharmendra under section 27 of Evidence Act, which has no evidentiary value. The applicant is in custody since 04/02/2023. Charge sheet has since been filed and further custodial interrogation of the applicant may not be required. The applicant is permanent reside
The court has the discretion to grant bail based on the overall facts and circumstances of the case, and may impose specific conditions for the release of the applicant.
The court has the discretion to grant bail based on the facts and circumstances of the case, without expressing any opinion on the merits of the case.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
Grant of bail based on lack of criminal past, trial being triable by lower court, and expected time for trial conclusion.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the trial.
The court has the discretion to grant bail during trial based on the facts and circumstances of the case, without commenting on the merits of the case.
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