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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Atul Sreedharan, J.
Dilip Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61959 of 2022
Decided On : 04-01-2023
Bail Application - Offence of Illegally Transporting Sand - The court allowed the bail application under Section 439 of Cr.P.C. due to the absence of previous antecedents against the applicant and the period of pre-trial incarceration already undergone.
Fact of the Case:
The applicant was in judicial custody for the offence of illegally transporting sand since 26/08/2022.
Finding of the Court:
The court allowed the bail application considering the absence of previous antecedents against the applicant and the period of pre-trial incarceration already undergone.
Issues: Bail application under Section 439 of Cr.P.C. for the offence under Sections 379, 414 of IPC.
Ratio Decidendi: The court considered the absence of previous antecedents against the applicant and the period of pre-trial incarceration already undergone in allowing the bail application.
Final Decision: The court directed that the applicant shall be enlarged on bail upon furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the learned trial Court.
JUDGMENT
Atul Sreedharan, J. - This is the first application under Section 439 of Cr.P.C. on behalf of the applicant, who is in jail since 26/08/2022, in connection with Crime No.510/2021 registered at Police Station: Civil Lines, District Vidisha (M.P.) for the offence under Sections 379, 414 of IPC.
2. T h e applicant is in judicial custody since 26/08/2022 in the aforementioned case. The allegation against him was of illegally transporting sand, for which he was apprehended and the aforesaid case registered against him.
3. Learned counsel for the State submits that there are no previous antecedents against the applicant.
4. The offences are triable by the Magistrate and looking to the period of pre-trial incarceration has already been undergone by the applicant, the application is allowed. It is directed that the applicant shall be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned trial Court.
C.C. as per rules.
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 court considered the period of incarceration, the quantum of money involved, and the lack of previous antecedents against the applicant in granting bail.
Bail can be granted when investigations are complete, with appropriate conditions to mitigate risks of interference.
The court has the discretion to grant bail based on the circumstances of the case and the arguments presented, without commenting on the merits of the case.
The court has the discretion to grant bail considering the facts and circumstances of the case and may impose specific conditions for the same.
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 principle of parity with co-accused persons influenced the court's decision to grant bail to the applicant under the NDPS Act.
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