ATUL SREEDHARAN
Ravindra Baghel – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Atul Sreedharan, J. - This is third bail application moved by the applicant under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No.123/2022 registered at Police Station-Gijorra District- Gwalior for the offence punishable under Sections 341 and 392 of IPC and 11 and 13 of MPDVPK Act.
2. The applicant is in judicial custody since 04.10.2022 in the aforesaid case. The allegation against him is that he alongwith co-accused persons robbed the complainant of Rs.5,000/- out of which Rs.3,000/- was recovered from the applicant herein. He has been named in the FIR.
3. Learned counsel for the State while opposing the application for grant of bail has submitted that there are no antecedents of the applicant given along with the police tip accompanying the case diary. Further a co-accused has already been granted the benefit of bail though, the question of parity does not arise.
4. Be that as it may, looking at the period of incarceration undergone by the applicant, the quantum of money that was robbed by the applicant and also the fact that there are no previous antecedents against the applicant, the application is allowed and it is directed that the applicant sh
The court considered the absence of any overt act attributed to the applicant by the injured complainant as a key factor in granting anticipatory bail under section 438 of the Cr.P.C.
The main legal point established is that the period of detention and lack of criminal antecedents can be considered in granting bail, without commenting on the merits of the case.
The court applied the provisions of the Criminal Procedure Code to grant bail, considering the nature of the offence and imposing specific conditions for the applicant's release.
The court considered the filing of the charge-sheet and the triability of the offence by a First Class Magistrate in allowing the bail application.
The court may grant bail under Section 439 of Cr.P.C. considering the absence of previous antecedents against the applicant and the period of pre-trial incarceration already undergone.
The main legal point established in the judgment is the court's discretion in granting anticipatory bail based on the overall facts and circumstances of the case and the likelihood of the applicant's....
The completion of investigation, charge sheet filing, lack of criminal antecedents, and the time spent in custody are crucial factors in granting bail.
Pre-conviction detention can be punitive; bail may be granted with conditions to ensure adherence to legal proceedings.
Judicial custody duration and investigation status warrant bail under specified conditions.
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