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ANIL VERMA
Kamalsingh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - Applicants have filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No. 552/2022 registered at P.S - Nalkheda, District- Agar Malwa (M.P.) for commission of offence punishable under Sections 307, 326, 341, 323, 294, 506/34 of IPC.
2. As per prosecution story, n date 12,12.2022, complainant Gokul Singh along with his relative Nirbhaysingh had reported at the P.S. Nalkheda, that there is an old dispute over a piece of land between complainant, his brother Modsingh and their uncle Ramsingh's son, Prabhulal Gurjar, Kamalisngh Gurjar, Bahadur Singh Gurjar and Makahnsingh Gurjar and because of this land dispute, there lies severe enmity between both the families. On date 11.12.2022, around 7.30pm, while the complainant was inside his house, he heard loud noises, thus, when he came outside, he saw his brother Modsingh, along with Prabhulal's nephew Yogesh and brother Bahadursingh, .who in an abusive .manner, informed the complainant that the accused persons have brutally assaulted Modsingh who will suffer dire consequences in future and left Modsingh at the complainant's rescue. Modsingh informed comp
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'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 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 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.
Grant of bail based on lack of evidence, nature of offence, and parity with co-accused
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