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VIVEK RUSIA
Basantilal Gurjar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vivek Rusia, J. - This is the third (repeat) application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail filed by the applicant- Basantilal Gurjar who is in custody since 04.08.2021 in connection with Crime No.177/2021 registered at Police Station Barawda, District Ratlam, for the offence punishable under Section 323, 294, 506, 34, 307, 325, 120-B of IPC.
2. As per the prosecution. story, on 27.06.2021 police Haatpipaliya received information from Govt. Hospital Mandsaur about admission of Manohar Singh in an injured condition for treatment. C.L. Haada, Assistant Sub-Inspector reached to the hospital and recorded the statement of Manohar Singh and according to the injured, on 25.06.2021 near about 9, he was sitting in his agriculture field and operating the mobile. All of a sudden Udaylal (saala) and Basantilal (present applicant) came with a pipe and stick in their hands and started abusing him. Udaylal gave a blow by pipe on his head thereafter Basantilal and Gurjan assaulted him by means of stick. Two persons also came there with the sticks, and they also assaulted him thereafter, Pooralal came there and the accused persons left the place by threat
Grant of bail based on the length of trial and without commenting on the merits of the case.
The delay in framing charges and the nature of injuries are crucial factors in considering bail applications.
The court considered the nature of specific allegations and the supporting evidence in the MLC in granting bail to the applicant.
Grant of bail under Section 439 Cr.P.C. should be based on the totality of 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 to an accused under Section 439 Cr.P.C. based on the totality of the facts and circumstances of the case.
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 court considered the delay in lodging the FIR, the nature of the injuries, and the prolonged custody of the petitioner in granting regular bail.
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
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