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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Deepak Kumar Agarwal, J.
Abhishek Singh Harshana – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 2603 of 2023
Decided On : 17-01-2023
Bail Application - Fraudulent Electric Connection - The court allowed the bail application of the accused who was charged with the offence of fraudulently taking an electric connection, ordering release on bail with specified conditions.
Fact of the Case:
The applicant was arrested for the offence of fraudulently taking electric connection and filed a bail application claiming innocence and citing the lengthy trial process.
Finding of the Court:
The court, without commenting on the merits of the case, allowed the bail application and ordered the release of the applicant on bail with specified conditions.
Issues: Bail application under Section 439 Cr.P.C, opposition by the State, and the innocence of the accused.
Ratio Decidendi: Considering the facts and circumstances, the court allowed the bail application, emphasizing the need for the accused to be present during trial.
Final Decision: The bail application was allowed, and the applicant was ordered to be released on bail with specified conditions.
JUDGMENT
Deepak Kumar Agarwal, J. - This is first bail application u/S.439 Cr.P.C filed by the applicant for grant of bail.
2. Applicant has been arrested on 09-01-2023 by Police Station Purani Chhawani, District Gwalior in connection with crime No.437 of 2022 for the offence punishable under Sections 447, 465, 468 and 120-B of IPC.
3. As per prosecution case, the allegation against the present applicant is that he fraudulently took electric connection. On the basis of aforesaid, the complaint was registered for the offence punishable under Sections 447, 465, 468 and 120-B of IPC against the present applicant/accused. Earlier, the applicant/accused2023.01.18 was released after giving notice under Section 41-A of Cr.P.C.
4. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the case. Applicant is in custody since 09/01/2023. After investigation, charge-sheet has been filed. Applicant is permanent resident of District Gwalior. Conclusion of trial will take time. On such premises, learned counsel for the applicant prayed for bail.
5. Learned counsel for the State vehemently opposed the bail application and prayed for its dismissal.
6. Both the Advocates are heard. Case diary perused.
7. Looking to the facts and circumstances of the case and and the submission made by learned counsel for the applicant, without commenting on the merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash surety of Rs.15,000/- along with bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
8. He will present during trial before the trial Court on each and every date.
9. In case of any default, cash security of Rs.15,000/- shall be forfeited without giving any notice.
10. Application stands allowed and disposed of.
11. Copy of this order be sent to the trial Court concerned for compliance.
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, ensuring the accused's presence during the trial.
The court has the discretion to grant bail under Section 439 Cr.P.C, considering the circumstances of the case and imposing necessary conditions to ensure the presence of the applicant during trial.
Granting bail under Section 439 Cr.P.C based on the facts and circumstances of the case and the willingness of the applicant to cooperate in trial.
Granting bail under Section 439 Cr.P.C and imposing conditions for release.
The court may grant bail based on the period of custody and without commenting on the merits of the case.
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