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DEEPAK KUMAR AGARWAL
Ajabsingh Rawat – 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 23.12.2022 by Police Station, Dabra District Gwalior (MP), in connection with Crime No.250/2021 for the offence punishable under Sections 34, 49-A of M.P. Excise Act, 1915.
3. On 07.09.2022, Police Station Dabra seized 5 liters of liquor from the possession of present applicant/accused in suspicious condition. He was given notice under Section 41-A of Cr.P.C. Chemical report received from the chemical analyst is reported to be unfit for human consumption. Therefore, he was arrested on 23.12.2022.
4. I t is submitted by learned counsel for the applicant that applicant has been falsely implicated in the case. He is in custody since 23.12.2022. After investigation, charge-sheet has been filed. On such premises, learned counsel for the applicant prayed for bail.
5. Learned counsel for the State vehemently opposed the application and has prayed for its rejection.
6. Looking to the aforesaid facts and circumstances of the case, without commenting upon the merits of the case, this Court is of the opinion that the application should be allo
Granting bail under Section 439 Cr.P.C and imposing conditions for release.
Grant of bail under Section 439 Cr.P.C in connection with the offence under the M.P. Excise Act based on the facts and circumstances of the case.
The court emphasized the importance of the applicant's cooperation in the trial when granting bail.
The court may grant bail considering the length of custody and the likelihood of a prolonged trial, without commenting on the merits of the case.
Granting bail under Section 439 of the Cr.P.C and imposing specific conditions to ensure compliance and cooperation during the trial.
The court has the discretion to grant bail based on the nature and gravity of the alleged offence, the arguments presented, and the willingness of the applicant to abide by specified conditions.
The court may grant bail based on the duration of custody and expected trial duration, and may impose specific conditions to ensure the applicant's compliance and cooperation during the 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.
The main legal point established in the judgment is the court's discretion to grant bail during trial under Section 439 of the Criminal Procedure Code, 1973, based on the facts and circumstances of t....
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