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ANIL VERMA
Sandeep – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Anil Verma, J. - This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 12.12.2022 in connection with Crime No.538/2022 registered at Police Station-Manpur, District Indore (M.P.) for commission of offence punishable under sections 307, 326, 323, 324, 294, 506 and 34 of the Indian Penal Code of 1860 read with Section 25 of Arms Act.
2. As per prosecution story, on 07.11.2022 at about 06:30 PM, informant Jitendra Lodged an FIR by stating that he alongwith his brother Govind went to milk Dairy of accused Arun and Sandeep. On the previous land dispute, both have abused to Govind, at that time, co-accused Sachin, Devendra and Mahipal came there and assaulted to Govind, Sachin has gave sword blow on his left leg, Devendra has inflicted knife injury on his head, Arun caused injury on his left hand, accused Sandeep has inflicted lathi blow on his back and hand. They have caused multiple injuries to Govind. Accordingly, offence has been registered.
3. Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely impli
The lack of corroboration of the injury attributed to the applicant and the completion of the investigation with the filing of the charge-sheet influenced the court's decision to grant bail.
The court may grant bail based on the nature and gravity of the offence, completion of investigation, filing of charge-sheet, and the likelihood of a long trial duration.
The court's decision to grant bail was based on the nature and gravity of the offense, the absence of bone injury sustained by the victim, the existence of a cross case against the complainant party,....
The importance of legal evidence and the absence of a Test Identification Parade in implicating an individual in a criminal offence.
The court may grant bail based on the nature and gravity of the allegations, the period of detention, and the bail granted to co-accused in similar circumstances.
Grant of bail based on lack of evidence, nature of offence, and parity with co-accused
Bail applications should not be decided on the merits of the case, and the evidence adduced in trial should be weighed by the trial court.
Bail applications should not be determined based on the merits of the case, and the trial court is tasked with evaluating evidence presented during the trial.
The court may grant bail based on the lack of criminal antecedent, the period of custody, and the ground of parity with co-accused, considering the possibility of delay in the conclusion of the trial....
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