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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Dara Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 3727 of 2023
Decided On : 23-01-2023
Bail Application - Criminal Procedure Code - The court allowed the bail application under Section 439 of the Criminal Procedure Code, 1973, considering the injury suffered by the complainant, the filing of the charge sheet, and the likelihood of a long trial.
Fact of the Case:
The applicant filed a bail application under Section 439 of the Criminal Procedure Code, 1973, due to implication in a case involving offenses under Sections 294, 506, and 307 of the IPC. The applicant had been in custody since 04/12/2022 for causing head injury to the complainant.
Finding of the Court:
The court, after considering the submissions and perusing the case diary, found it expedient to allow the bail application, without commenting on the merits of the matter. The applicant was directed to be released on bail upon furnishing a personal bond and surety to the satisfaction of the Trial Court.
Issues: The main issue was whether the applicant should be granted bail considering the injury suffered by the complainant, the filing of the charge sheet, and the likelihood of a long trial.
Ratio Decidendi: The court's decision was influenced by the injury suffered by the complainant, the filing of the charge sheet, and the likelihood of a long trial, leading to the grant of bail under Section 439 of the Criminal Procedure Code, 1973.
Final Decision: The court allowed the bail application and directed the applicant to be released on bail upon fulfilling the specified conditions.
JUDGMENT
Subodh Abhyankar, J. - They are heard. Perused the case-diary.
2. This is the first bail application filed by applicant under Section 439 of Criminal Procedure Code, 1973 as he is implicated in connection with Crime No.893/2022 registered at Police Station - Sendhwa Gramin, District - Barwani (MP) for offence punishable under Sections 294, 506 and 307 of IPC. The applicant is in custody since 04/12/2022.
3. The allegation against the applicant is of causing head injury to the complainant Suresh, who was hospitalized for a period of two and half days.
4. Counsel for the applicant has submitted that the charge-sheet has already been filed and the applicant is lodged in jail since 04.12.2022 and the final conclusion of trial is likely to take sufficient long time. It is also submitted that the incident occurred on the spur of the moment as the applicant has married to the wife of the younger brother of the applicant, which has resulted in dispute between them. There are no criminal antecedents against the applicant. Thus, it is submitted that the applicant be released on bail.
5. Counsel for the respondent / State, on the other hand, has opposed the prayer.
6. On due consideration of the rival submissions and perusal of the case diary and taking note of the injury suffered by the complainant and the fact that the charge sheet has already been filed and the final conclusion of the trial is likely to take sufficient long time, this Court finds it expedient to allow the present application.
7. Accordingly, without commenting anything on merits of the matter, the present application for grant of bail is allowed. The applicant is directed to be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one surety in the like amount to the satisfaction of the Trial Court for his appearance, as and when directed and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.
C.c. as per rules.
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 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 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's decision was influenced by the lack of support from prosecution witnesses and the nature of allegations in allowing the bail application under Section 439 of the Cr.P.C.
The court may grant bail under Section 439 of Cr.P.C. considering the period of incarceration, the amount seized from the applicant, and the likelihood of a lengthy trial.
The court may grant bail based on the contention of parity with a co-accused and the lengthy trial process, while also considering the applicant's criminal antecedents and imposing specific condition....
The decision to grant bail was based on the likelihood of a long trial duration and the lack of support from material witnesses, as per Section 439 of Cr.P.C.
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