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VIJAY KUMAR SHUKLA
Rohit @ Jagira – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Vijay Kumar Shukla, J. - This is fourth application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.640/2019 registered at Police Station - MIG, District Indore under Section 327,324,294,506,34 and 329 of IPC and Section 25 of the Arms Act.
2. The first bail application of the applicant was dismissed vide order dated 16.03.2020 in MCRC.No.10607/2020, the second temporary bail application was allowed vide order dated 14.08.2020 in MCRC.No.26669/2020 and the order dated bail application of the applicant was dismissed vide 21.12.2021 in MCRC.No.51476/2021.
3. Counsel for the applicant submits that the applicant is in custody for almost four years and the trial has not yet been concluded. The complainant is not turning up and only one eye witnesses has been examined and he has not supported the prosecution case. The applicant is HIV Positive and his health is deteriorating day by day. Hence, the applicant may be enlarged on bail.
4. Counsel for the respondent/State opposes the prayer.
5. A status report was called and from the status report it reveals that large number of witnesses are yet to be examined. The complainant is not turning
The court considered the prolonged pre-trial incarceration, delay in trial, and the health condition of the applicant as grounds for granting bail, while also taking into account the non-cooperation ....
The absence of the applicant's name in the complainant's statement recorded under Section 164 of Cr.P.C. and in the FIR, and the length of time the applicant had been in custody, were key factors in ....
The completion of investigation, grant of bail to a co-accused under similar circumstances, and the allegations in the dying declaration are influential factors in the court's decision to grant bail.
The completion of investigation, filing of chargesheet, and the lack of criminal antecedents are key considerations in granting bail.
The quantity of contraband, filing of charge-sheet, and criminal record of the applicant are key factors in determining the grant of bail under the NDPS Act.
The lack of seizure from the applicant and the completion of the investigation can be considered as grounds for granting bail in certain cases.
The court's decision to grant bail was influenced by the unprecedented situation of the COVID-19 pandemic and the impact on the situation of the jails, justifying the release of the petitioner on bai....
The main legal point established in the judgment is the court's discretion to grant bail based on a prima facie case, the length of the trial process, and the potential risk of COVID-19 in prisons.
The court considered the prosecutrix's statement and age in granting bail, without expressing any view on the merits of the case.
Search and Seizer of illicit wine/liquor - Grant of bail - Having no criminal history.
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