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ATUL SREEDHARAN
Sanjay @ Rajkumar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Atul Sreedharan, J. - This is second bail application moved by the applicants under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.140/2022, registered at Police Station- Pahadgarh, District- Morena, for the offences punishable under Sections 307, 294, 147, 148, 149 of the IPC, Section 11/13 of the MPDVPK Act and Sections 25/27 of the Arms Act.
2. Applicants are in judicial custody since 24.09.2022 in the aforementioned case. First application having been dismissed as withdrawn with liberty granted to the applicants to file afresh after filing of the charge-sheet. The charge-sheet has now been filed as so stated by the learned counsel for the applicants.
3. The case of the prosecution is that the police has got a tip off that applicant No.1 was the member of a team of dacoits headed by Gudda dacoit and in order to investigate the police had gone there, the applicants are stated to have fired at the police personnel with country made fire arms and that the police had retaliated in counter fired. No injuries have been found at the police personnels.
4. Learned counsel for the State while opposing the application for grant of bail has submitted that the
The court's decision to grant bail was influenced by the facts and circumstances of the case and the period of incarceration undergone by the applicants.
The completion of investigation, filing of charge-sheet, and the undertaking of the applicant to cooperate in the trial are key factors in considering a bail application.
The court considered the nature of specific allegations and the supporting evidence in the MLC in granting bail to the applicant.
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 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 has the discretion to grant bail to an accused, considering the facts and circumstances of the case, and can impose reasonable conditions to ensure a fair trial.
The court considered the absence of any overt act attributed to the applicant by the injured complainant as a key factor in granting anticipatory bail under section 438 of the Cr.P.C.
The court established that bail can be granted when the accused has been in custody for an extended period, no injuries have been inflicted, and there are no prior cases against the accused.
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