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SUBODH ABHYANKAR
Gyanu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Subodh Abhyankar, J. - They are heard.
2. Perused the case diary / challan papers.
3. This FIRST application under Section 439 of Criminal Procedure Code, 1973 (herein after referred to as the Code) has been filed on behalf of the applicant for grant of bail, as he has been arrested in connection with Crime No.1870/2022 registered at Police Station Lasudiya, Indore District Indore (MP) for offence punishable under Sections 307, 323, 324, 294 and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC).
4. The applicant is in custody since 23.12.2022.
5. The allegation against the applicant is that of causing injury to complainant Akshar @ Akshat Goswami S/o Manoj Goswami on his head.
6. Counsel for the applicant has submitted that initially a case under Section 324 of IPC was registered against the applicant and the applicant was given a notice under Section 41-A of the Code. However, subsequently, after the charge sheet has been filed, offence under Section 307 of IPC has also been added.
7. It is further submitted that the charge sheet has already been filed and the applicant is lodged in jail since 23.12.2022.
8. Counsel has also submitted that there are diffe
The court's decision to grant bail was based on the provisions of Section 439 of the Criminal Procedure Code, 1973, and the consideration of the injury suffered by the complainant and the likelihood ....
The court's decision to grant bail was influenced by the nature of injuries, prolonged custody, and the likelihood of a lengthy trial, as per the provisions of Section 439 of the Criminal Procedure C....
The court has the discretion to grant bail based on the seriousness of the alleged offence, the nature of injuries suffered, and the readiness of the applicant to abide by any conditions imposed by t....
The court may grant bail under Section 439 of the Cr.P.C. based on the applicant's plausible involvement in the offence.
The court considered the similarity of the applicant's case to that of the co-accused who had been granted bail previously and the likelihood of a lengthy trial as grounds for allowing the bail appli....
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.
Accused-petitioner granted bail due to lack of criminal antecedents and insufficient evidence linking him to the injury caused, as allegations primarily attributed to co-accused.
The court has the discretion to grant bail based on the circumstances of the case and completion of investigation and charge sheet filing.
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
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