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DEEPAK KUMAR AGARWAL
Abhishek Singh Harshana – Appellant
Versus
State of Madhya Pradesh – Respondent
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. Bot
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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