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ANIL VERMA
Sachin – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 10.11.2022 in connection with Crime No.538/2022 registered at Police Station Manpur, District Indore (M.P.) for commission of offence punishable under sections 307, 323, 324, 294, 506, 326 and 34 of the Indian Penal Code of 1860 read with Section 25 of Arms Act.
2. As per prosecution story, on 07.11.2022 at about 06:30 PM, informant Jitendra lodged an FIR by stating that he alongwith his brother Govind went to milk Dairy of co-accused Arun and Sandeep. On the previous dispute, both have abused to Govind, at that time, other co-accused Sachin has gave sword blow on his left leg, Devendra has inflicted knife injury on his head, Arun has caused injury by means of sword on his left hand and Sandeep has inflicted lathi blow on his back and hand. They have caused multiple injuries to Govind. Accordingly, offence has been registered.
3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody sinc
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 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 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 offence, the delay in FIR, and the time spent by the applicant in jail in granting bail.
Grant of bail based on lack of evidence, nature of offence, and parity with co-accused
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
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....
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